Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68249 of 2024 Arising Out of PS. Case No.-426 Year-2024 Thana- JAKKANPUR District- Patna ====================================================== Manish Kumar Son of Nilu Saw Present address Rajendra Nagar, Kati factory, PS- Agamkuma, District -Patna as renter in the house of Nirala Singh permanenty resident of Jiyar, P.S.- Asthama, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Jakkanpur P.S. Case No. 426 of 2024, registered for the offences punishable under Sections 30(a), 36, 41(i)(ii) of Bihar Prohibition and Excise Act..

3. As per allegation, total 1543.520 liters illegal foreign liquor was recovered from the possession of one Sagar Kumar, who was living as renter in the house of Usha Jain.

4. Learned counsel for the petitioner submits the petitioner is innocent and has falsely been implicated in the present case. It is further been submitted that alleged liquor was recovered from the house of Sagar Kumar and so far as petitioner is concerned, he was standing outside the house. He was arrested near the gate of the house of Sagar Kumar. Nothing incriminating has

Patna High Court CR. MISC. No.68249 of 2024(2) dt.01-10-2024 2/2 been recovered from the possession of the petitioner. He is a person of clean antecedent and is under custody since 07.08.2024.

5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Patna in connection with Jakkanpur P.S. Case No. 426 of 2024, subject to the following condition that the petitioner cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any case other than the present one, his bail bond shall not be accepted. The criminal antecedent must be verified from all the police station of the district.

(Nawneet Kumar Pandey, J) priyanka/- U T