Manish Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55761 of 2024 Arising Out of PS. Case No.-364 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Manish Tiwari Son of Kailash Tiwari Resident of Vill- Bharthaw, P.S.- Sikandarpur, District- Balia (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Excise P.S. Case No. 364 of 2024 dated 16.06.2024 registered for the offence/s punishable u/ss 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 180 litres of illicit foreign liquor was recovered from the dicky of the car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has

Patna High Court CR. MISC. No.55761 of 2024(2) dt.05-08-2024 2/2 been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Siwan Excise P.S. Case No. 364 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T