Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87039 of 2024 Arising Out of PS. Case No.-2301 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Manish Kumar S/o Ganaur Ray R/O Pirdamariya Ward no. 17, P.SMalsalami, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 2301/2024 dated 30.09.2024 registered for the offences punishable u/s 30(a) and 56(b) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 150 litres of illicit country-made liquor was recovered from the tempo.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the driver of the
Patna High Court CR. MISC. No.87039 of 2024(2) dt.05-02-2025 2/2 said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Excise P.S. Case No. 2301/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T