Patna High CourtCR. MISC./70666/2024bail granted

Manish Kumar @ Marandi v. The State Of Bihar

2024-10-04Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70666 of 2024 Arising Out of PS. Case No.-79 Year-2022 Thana- AMAS District- Gaya ====================================================== Manish Kumar @ Marandi Son of Anil Thakur @ Amit kumar Resident of Village/Mohalla- Khemni Chak, Nandlal Chhapra, P.S.- Ramkrishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar .

For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-10-2024 Heard the parties.

2. The petitioner seeks bail in connection with Amas P.S. Case No. 79 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The accused/petitioner is named in the F.I.R. and is in custody since 30.08.2024.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 605.625 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.70666 of 2024(2) dt.04-10-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not connected in any manner with alleged vehicle, from where illicit liquor was alleged to be recovered. It is further submitted that the name of petitioner transpired in present case on the basis of disclosure as made by co-accused Deepak Kumar @ Deepak Kumar Roy, which straightaway implies that recovery of illicit liquor was not made from the conscious physical possession of this petitioner. While concluding argument, it is submitted that petitioner found involved in three more criminal cases where he is on bail.

6. Learned APP, while opposing the prayer of bail.

7. Considering the facts and circumstances as mentioned above, as the recovery of illicit liquor primafacie not appears to be made from the conscious physical possession of the petitioner, accordingly, petitioner above named, is directed to be released on

Patna High Court CR. MISC. No.70666 of 2024(2) dt.04-10-2024 3/3 bail in connection with Amas P.S. Case No. 79 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court-2 Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C./ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T