Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51585 of 2024 Arising Out of PS. Case No.-853 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Manish Kumar Son of Vishnu Yadav Resident of Nehalpur, P.S.- Sadar (Mabbi O.P.), Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Sadar (Mobbi OP) P.S. Case No.853 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of total 135 litre of illicit liquor from a poultry farm.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrested at the spot and his name surfaced from the statement of local Chaukidar. It is submitted that recovery of alleged illicit liquor

Patna High Court CR. MISC. No.51585 of 2024(2) dt.20-07-2024 2/2 was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels and he is in custody since since 02.07.2024. Similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No.21309 of 2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, in connection with Sadar (Mabbi OP) P.S. Case No.853 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 1st, Darbhanga.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T