Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74629 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- BALIGAON District- Vaishali ====================================================== Manish Kumar Son Of Ashrfi Sahni R/O Village- Chakmehshi, P.S.- Chakmehshi, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 420, 467, 468, 471/34 of the Indian Penal Code and Section 30(a), 32, 36 and 41(1) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 2381.625 liters illicit liquor of different brands from two different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner was neither

Patna High Court CR. MISC. No.74629 of 2022(2) dt.13-01-2023 2/2 owner nor driver of the vehicle from where the illicit liquor has been seized. He has no concern with the alleged recovery of liquor rather he is labourer who engaged in uploading and loading the articles and he had no knowledge about illicit liquor. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 22.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baligaon P.S. Case No. 128 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1-cum-Additional District & Sessions Judge, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) amandeep/- U T