Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70711 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- SANOKHAR District- Bhagalpur ====================================================== MANISH KUMAR Son of Mahendra Yadav Resident of village - Navtolia, Tulsipur, P.S.- Kharik, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard.

The petitioner seeks regular bail in connection with Sanokhar (Amdanda) P.S. Case No. 154 of 2021, registered for the offence punishable under sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding recovery of 97.500 liters of illicit liquor from a motorcycle and the petitioner is stated to be rider of the said motorcycle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 17.09.2021. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties

Patna High Court CR. MISC. No.70711 of 2021(2) dt.09-06-2022 2/2 and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of 2nd Additional District and Sessions Judge cum Special Judge (Excise Act), Bhagalpur or successor court in connection with Sanokhar (Amdanda) P.S. Case No. 154 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T