Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82456 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- JAMHOR District- Aurangabad ====================================================== Manish Kumar Son Of Jitendra Singh @ Jitendra Kumar R/O VillagePatelnagar, P.S.- Daudnagar, Dist.- Aurangabad ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Kumari For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 358.945 litres of country made liquor from a Maruti Suzuki car bearing Reg. No. JH-09M-5159. Petitioner and driver are alleged to be apprehended on spot.
Patna High Court CR. MISC. No.82456 of 2023(2) dt.20-12-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Nothing incriminating article has been recovered from conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, petitioner is languishing in judicial custody since 30.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise,
Patna High Court CR. MISC. No.82456 of 2023(2) dt.20-12-2023 3/3 Aurangabad in connection with Jamhor P.S. Case No. 200 of 2023.
(Sunil Kumar Panwar, J) Nirajkrs/- U T