Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79465 of 2024 Arising Out of PS. Case No.-2128 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Manish Kumar S/o Jitemdra Prasad R/o Village/Mohalla- Tetarichak, P.S.- Dhanrua, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar, Adv.
For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2024 Heard the parties.
2. The petitioner is in custody in connection with Excise Patna P.S. Case No. 2128 of 2024 for the offence punishable under sections 30(a)&56(b) of Bihar Prohibition and Excise Act, 2016 lodged on 09.09.2024 by the informant, Ajit Kumar.
3. As per the prosecution story, the informant alleged that on secret information, it reached near the Rajendernagar Dhanush bridge and on suspicion, a Fiat car was intercepted and there is recovery/seizure of 420 liter country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that the Fiat car does not belong to him, he was only a passenger but got implicated and the last submission is that he do not have
Patna High Court CR. MISC. No.79465 of 2024(2) dt.19-11-2024 2/3 criminal antecedent.
5. Learned APP opposes the prayer for bail.
6. Considering the submissions put forward by the parties as also the fact that he is not the owner of the vehicle, has no criminal antecedent and is in custody since 10.09.2024 (para 4 of the petition), this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Spl. Judge Excise III at Patna in connection with Excise Patna P.S. Case No. 2128 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
Patna High Court CR. MISC. No.79465 of 2024(2) dt.19-11-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T