Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1326 of 2021 Arising Out of PS. Case No.-585 Year-2020 Thana- DANAPUR District- Patna ====================================================== Manish Kumar S/o Mangal Rai @ Mangal Ray Resident of Chhitnawa Bagicha, P.S.- Maner, District- Patna ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ghanshyam Tiwary, Advocate For the State :

Ms. Meena Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-03-2021 Heard learned senior counsel for the petitioner and the learned APP for the State.

Learned senior counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so.

The petitioner seeks bail in Danapur PS Case No. 585 of 2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

550 litres country made liquor has been recovered from the tempo in which the petitioner was allegedly travelling and has fled away. It is stated that even as per the prosecution case, the petitioner has been arrested at a distance from the tempo from which recovery has been made. It is a case of false implication. The petitioner has no criminal antecedents and he is in custody since 10.10.2020.

The learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.1326 of 2021(2) dt.26-03-2021 2/2 Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna, in connection with Danapur PS Case No. 585 of 2020, Spl. Case No. 5966 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled (Madhuresh Prasad, J) shyambihari/- U T