Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70118 of 2021 Arising Out of PS. Case No.-340 Year-2021 Thana- RAMPUR District- Gaya ====================================================== MANISH KUMAR Son of Jagan Rai Resident of Village - Belka, P.S.- Vaishali, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Rampur PS Case No. 340 / 2021 registered under Section 272 / 273 / 420 / 120 (B) of the IPC and Section 30(a) / 33 / 36 / 41

(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegation in nutshell is that police on the basis of secret information intercepted a SUV vehicle and recovered 70 liters of spirit from the same and arrested three persons including the petitioner.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated by the police due to oblique motive. He next submits that petitioner is neither the owner nor

Patna High Court CR. MISC. No.70118 of 2021(2) dt.24-05-2022 2/2 driver of the vehicle in question and he has been made accused only on suspicion. Learned counsel further submits that petitioner has got no criminal antecedent . He next submits that petitioner had taken lift on the SUV and he was not aware about illicit spirit being kept therein by the driver of the SUV in question. Petitioner is in custody since 13-10- 2021 and charge sheet has already been submitted .

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 13/10/2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise Act, Gaya in connection with Rampur PS Case No. 340 / 2021. (Anil Kumar Sinha, J) praful/- U T