Mani Madhukar Alias Manish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40556 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== MANI MADHUKAR ALIAS MANISH CHOUDHARY SON OF KAMESHWAR CHOUDHARY RESIDENT OF VILLAGE - MUSARNIYA RAJWARA, WARD NO.04, P.S. - SONBARSA, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Murari For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard both parties.

The petitioner seeks bail in Sonbarsa P.S. Case No. 167/2020 registered for the offences punishable under Sections 272, 273, 414, 504, 506, 353 and 34 of the Indian Penal Code along with Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, 214.200 litres of Nepali Saufi has been recovered from a Scorpio vehicle in which petitioner was sitting.

It is submitted that nothing has been recovered from possession of this petitioner. He was neither owner nor driver of the aforesaid vehicle. He was not aware of the nature of the consignment carried by the vehicle. He has got clean

Patna High Court CR. MISC. No.40556 of 2020(2) dt.09-02-2021 2/2 antecedent. He is in custody since 01.09.2020. Considering the facts and circumstances of the fact, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ IInd-cum-Special Judge, Excise, Sitamarhi, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi U T