Patna High CourtCR. MISC./56778/2024bail granted

Manish Bharti @ Manish Kumar v. The State Of Bihar

2024-08-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56778 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- HISUWA District- Nawada ====================================================== Manish Bharti @ Manish Kumar, aged about 27 years, Gender-Male, Son of Uday Singh @ Budhan Singh, Resident of Village- Hadsa, P.S.- Hisua, District.-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hisua P.S. Case No. 173 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, there is recovery of total 23.25 liters of foreign liquor from a car and 207.405 liters of foreign liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery or with the place of recovery. No incriminating article has been recovered from his conscious possession.

Patna High Court CR. MISC. No.56778 of 2024(2) dt.09-08-2024 2/2 Petitioner is in judicial custody since 14.06.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner that similarly situated co-accused persons namely, Surendra Manjhi, Gautam Kumar @ Mayank @ Mayank Uday Singh and Arpit Kumar @ Karu have been granted anticipatory bail and regular bail by this Court and a co-ordinate Benches of this Court in Cr. Misc. Nos. 35737 of 2024, 38309 of 2024 and 38255 of 2024 vide orders dated 10.06.2024, 26.06.2024 and 21.05.2024, respectively, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Nawada in connection with Hisua P.S. Case No. 173 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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