Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77796 of 2019 Arising Out of PS. Case No.-432 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Manish Kumar, Gender-Male, aged about 30 years, Son of Late Dashrath Sah @ Dashrath Prasad Resident of Village- Nawanagar Nijamat, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate :

Ms. Swati Sinha, Advocate For the Opposite Party :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 414 and 341 of the the Indian Penal Code and Sections 30(a) and 41(1) of Bihar Excise and Prohibition Act.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 499.250 liters of illicit foreign liquor has been recovered from Tata Sumo vehicle bearing registration no.BR-1AP-4065. He further submits that the petitioner's name has transpired on the basis of confessional statement of co-accused Rama Shankar Kumar. He further submits that the petitioner is in jail custody

Patna High Court CR. MISC. No.77796 of 2019(2) dt.29-11-2019 2/2 since 04.11.2019 In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Sahebganj P.S.Case No.432 of 2019, subject to condition that the petitioner will deposit Rs.10,000/- (ten thousand) in the civil court, Muzaffarpur/Nazarath, such deposit of Rs.10,000/- (ten thousand) shall abide by the out-come of the present criminal case.

(Anjani Kumar Sharan, J) B.Kr./- U T