Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46518 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== MANISH KUMAR Son of Ramdayal Mahto Resident of Phafaut, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Vibhutipur P.S. Case No. 54/2019, instituted for offence under Section(s) 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that as per seizure-list recovery of foreign liquor has been made from the toilet beside the house of Rakesh Paswan @ Baba. There is no recovery of any illicit liquor from possession of this petitioner. Name of petitioner has been disclosed by co-accused Rakesh Paswan @ Baba.

The other co-accused has already been granted bail by this Court vide order dated 26.06.2019 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.46518 of 2019(2) dt.01-08-2019 2/2 37848/2019.

It is mentioned in para 3 of bail petition that one other case of Excise Act is pending against petitioner. Petitioner is in custody since 18.04.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Samastipur, in connection with Vibhutipur P.S. Case No. 54/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T