Manshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8241 of 2021 Arising Out of PS. Case No.-603 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Manshu Kumar (Aged 20 years) Son of Ram Babu Ram @ Ram Bahadur Ram Resident of Village-Kaithma, P.S.-Begusarai Muffasil, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Begusarai Muffasil P.S. Case No. 603 of 2019, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 126 liters of Indian make foreign liquor was recovered from the field of one Ram Pravesh Yadav and petitioner and other FIR named persons are said to be indulged in the business of sale and purchase of illicit liquor.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. The field, from where recovery has been effected, does not belong to this petitioner. Petitioner has been remanded in the present case

Patna High Court CR. MISC. No.8241 of 2021(2) dt.26-05-2021 2/3 on 16.06.2020. It is further submitted that other similarly situated co-accused persons have already been granted anticipatory bail by this Court, vide orders annexed as Annexure - 2 to the petition.

Considering the aforesaid facts & circumstances and the fact that nothing has been recovered from conscious possession of the petitioner as well as the fact that other similarly situated co-accused have already been granted anticipatory bail, the bail application of petitioner is allowed. Let the above named petitioner 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 learned Addl. Sessions Judge II cum Special Judge, Excise Act, Begusarai in connection with Begusarai Muffasil P.S. Case No. 603 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.8241 of 2021(2) dt.26-05-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T