Manish Kumar @ Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75582 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- DUMRAO District- Buxar ====================================================== MANISH KUMAR @ MANISH SINGH S/o Naga Rai @ Naga Singh R/o village- Chilhari, P.S.- Dumraon (Naya Bhojpur), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Dumraon (Naya Bhojpur) (N.B.O.P) P.S. Case No. 246 of 2019 (District-Buxar) registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 2210.04 litres of IMFL is said to have been recovered from the land of one Hira Rai. The allegation is that the said liquor was kept by six named accused persons including this petitioner who managed to escape.

It is submitted by learned counsel for the petitioner that the allegations are false and concocted, the petitioner is in custody since 14.10.2019, chargesheet has been submitted in the case and he has no criminal antecedent. Further submission is

Patna High Court CR. MISC. No.75582 of 2019(3) dt.18-12-2019 2/2 that the case of the petitioner stands similar footing to that of accused who have granted bail by order dated 11.12.2019 passed in Cr.Misc. No.72185 of 2019, order dated 11.12.2019 passed in Cr.Misc. No.81368 of 2019 and order dated 16.12.2019 passed in Cr.Misc. No.83063 of 2019. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the chargesheet has been submitted, the petitioner not having criminal antecedent and is in custody since 14.10.2019 the Court is inclined to enlarge the petitioner on bail. Let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 2nd cum Special Judge (Excise), Buxar in connection with Dumraon (Naya Bhojpur)(N.B.O.P) P.S. Case No. 246 of 2019 (DistrictBuxar). Bibhash/- (Partha Sarthy, J) U T