Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55655 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Manish Kumar S/o Amit Kumar R/o Village- Subhash Nagar Khemanichak Sampat Chak Patna, P.O.- New Jaganpura, P.S.- Ramkrishna Nagar, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr.Kamal Deo Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 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 Buxar Industrial P.S. Case No. 132 of 2024 dated 21.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 513.5 litres of illicit foreign liquor was recovered from the Scorpio car, 84 litres of beer was recovered from the Indigo car and 351.9 litres of illicit foreign liquor was recovered from Honda City car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.55655 of 2024(2) dt.22-08-2024 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicles. The petitioner has no concern with the alleged vehicle. The similarly situated co-accused has been granted bail by this Court vide order dated 31.07.2024 in Cr. Misc. No. 53966 of 2024. The petitioner has one criminal antecedent in as stated in para 3 of the bail petition. The petitioner is in custody since 30.06.2024.

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, Buxar in connection with Buxar Industrial P.S. Case No. 132 of 2024.

7. The application stands allowed.

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