Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1957 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== MANISH SINGH Son of Avind Singh Resident of Village - Khairi, P.S.- Khanpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Aprajita, Advocate For the Opposite Party/s :

Mr. AL Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 510.84 liters of foreign liquor was recovered from the pick up van and this petitioner and other accused persons were arrested on the spot. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. He was simply sitting in

Patna High Court CR. MISC. No.1957 of 2021(2) dt.08-03-2021 2/2 the said vehicle as a passenger because he had boarded the vehicle by taking lift and he was on way to his home. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 25.6.2020. Considering the facts of the case, 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 Additional Sessions Judge II cum Special Judge, Excise Act Darbhanga in GO case no. 649/2020, Baheri Police Station Case No. 155 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T