Manik Barman @ Manik Awarman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82940 of 2024 Arising Out of PS. Case No.-259 Year-2024 Thana- PIPRA District- Supaul ====================================================== Manik Barman @ Manik Awarman Nitai Barman Resident of VillageBhanganapul, Mathamari, P.S.- Matigara, District- Darjeeling (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. Excise Case No. 743 of 2024 arising out of Pipra P.S. Case No. 259 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 567 liters illicit foreign liquor from the Pick-up bearing Regd. No. WB-73G-2918.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the alleged Pick-up van

Patna High Court CR. MISC. No.82940 of 2024(2) dt.04-12-2024 2/2 rather he is the Khalasi of the same and has no concern with the recovered wine. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 08.08.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. Excise Case No. 743 of 2024 arising out of Pipra P.S. Case No. 259 of 2024. (Rudra Prakash Mishra, J) rishi/- U T