Manish Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69053 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- KEWATI District- Darbhanga ====================================================== Manish Kumar Ray Son of Kishori Ray @ Kishori Roy Resident of VillageKaluahi Dhanga, P.S.- Arer, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and Shri Umeshanand Pandit, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Keoti P.S. Case No. 122 of 2021 instituted for the offences under Sections 353, 302, 120(B) and 34 of the Indian Penal Code read with Section 30(a) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the allegation is of recovery of 450 litres of liquor from a Scorpio vehicle which dashed a police official who died during the course of treatment and the petitioner was apprehended from the

Patna High Court CR. MISC. No.69053 of 2021(2) dt.25-02-2022 2/2 car.

Learned counsel for the petitioner submits that the petitioner was not the driver of the car rather he was sitting beside the driver and as such the occurrence was committed by the driver who was trying to flee knowing that liquor was loaded in the vehicle.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that it is not only a case under the Excise Act but it is a case under Section 302 of the I.P.C. also and the petitioner was found present in the offending vehicle which dashed the police official who were discharging their duty as a result of which he died subsequently during the course of treatment.

In the nature of allegations, the Court is not inclined to grant bail to the petitioner. His prayer for bail is thus refused. (Satyavrat Verma, J) Rishi/- U T