Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3471 of 2024 Arising Out of PS. Case No.-593 Year-2023 Thana- Excise P.S. District- Saran ====================================================== Manish Kumar S/O Sri Birendra Prasad R/O Village- Kumna Sadhpur, P.SKopa, Distt.- Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Saran Sadar Excise P.S. Case No. 593 of 2023 registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

As per prosecution case, 252 litre country made liquor was recovered from Alto car in question and petitioner was apprehended on spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is further submitted that petitioner is neither driver nor owner of the car in question. Petitioner was apprehended on spot merely

Patna High Court CR. MISC. No.3471 of 2024(2) dt.31-01-2024 2/3 on the basis of suspicion. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Basically no incriminating article has been recovered from conscious possession of the petitioner. Petitioner is in custody since 08.10.2023. Learned counsel orally submit that charge sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears no criminal antecedent.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Saran Sadar Excise P.S. Case No. 593 of 2023, subject to the following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.3471 of 2024(2) dt.31-01-2024 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T