Patna High CourtCR. MISC./56034/2023bail granted

Manish Kumar v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56034 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Manish Kumar, S/O Suresh Mandal R/O Ward No 18, P.S. - Sitamarhi, Distt. - Sitamarhi, At Present Residing At Village - Murliya Chak, Ward No. 4, P.S. - Sitamarhi, Distt. - Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 150 litres of liquor from an auto.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Ratan Kumar in police custody, which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.56034 of 2023(2) dt.25-08-2023 2/2 next submitted that petitioner is not the owner of the seized auto.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Special Excise Court No.1, Sitamarhi in connection with Sonbarsa P. S. Case No.197 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T