Patna High CourtCR. MISC./55931/2024bail granted

Manish Kumar v. The State Of Bihar

2024-09-17Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55931 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Manish Kumar Son of Bhagwandatt Yadav @ Bhagavan Datta Yadav Resident of Village - Siswabarhi, P.S.- Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) the Bihar Prohibition and Excise Amendment Act.

3. As per allegation in the FIR, informant along with other police personnels while on patrolling duty, apprehended one Scorpio vehicle bearing registration no.PB-10CB-4464 and recovered 495 liters of Nepali country made wine.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to some dispute with local Chaukidar and in collusion with local police,

Patna High Court CR. MISC. No. 55931 of 2024(2) dt.17-09-2024 2/2 the present case was instituted against the petitioner. He next submits that petitioner is not even remotely connected with the alleged offence and merely on the basis of suspicion, he has been dragged in this case. He next submits that there is no independent witness of the seizure list and petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 23.06.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the fact that petitioner has got no criminal antecedent, 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 Exclusive Special Excise Judge Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 84 of 2024. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T