Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69170 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Manish Kumar S/O Ramekbal Ray Resident of Village- Sahu Saraiya Kumhra Tola, PS- Dariyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-10-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Kateya P.S. Case No. 292 of 2024 for the offences punishable under Sections 317(5), 3(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Allegedly, 437.400 liters of country-made liquor and foreign liquor was recovered from a stolen pickup van which was being given by the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted that the

Patna High Court CR. MISC. No.69170 of 2024(2) dt.08-10-2024 2/2 petitioner is a person of clean antecedent and is under custody since 29.07.2024.

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

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII-cumSpecial Judge Excise-I, Gopalganj in connection with Kateya P.S. Case No. 292 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any case other than the present one, his bail bond shall not be accepted.

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