Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6593 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Manish Kumar Son of - Bhim Rawat @ Bhim Prasad Resident of VillageVishambharpur, (Bisambharpur), P.S.- Thawe, District- Gopalganj. 2.

Rahul Kumar Son of - Baliram Chaudhari @ Balram Chaudhary Resident of Village- Vishambharpur, (Bisambharpur), P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through video conferencing.

The petitioners have filed the instant application for grant of regular bail in connection with Excise Case no. 265 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 114.8 litres of country liquor was recovered from the roof of the tempo of which the petitioner no.1 was the driver and petitioner no.2 was the occupant.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.6593 of 2021(3) dt.22-06-2021 2/2 that no incriminating article has been recovered from their person or possession. They have been falsely implicated in the case. The petitioners are in custody since 4.10.2020 and have no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

A report with respect to the antecedent was called for and the same has been received. As per the report the petitioners have no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the petitioners not having any criminal antecedent and being in custody for more than 8 months, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Excise Case no. 265 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II- cum Special Judge, Excise, Gopalganj. (Partha Sarthy, J) Bibhash U T