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Patna High CourtCR. MISC./90205/2024bail granted

Manish Kumar v. The State Of Bihar

2025-01-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90205 of 2024 Arising Out of PS. Case No.-228 Year-2021 Thana- DULHIN BAZAR District- Patna ====================================================== Manish Kumar Son of Ram Bachan Yadav @ Bachan Yadav @ Bachan Singh Resident of Gulalchak, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 36 litres country made liquor has been recovered from bush near Punpun river.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Recovery has been made from an open place, accessible to all. Petitioner has got one criminal antecedent of similar nature in which he is on bail.

5. Considering the fact that recovery has been made

Patna High Court CR. MISC. No.90205 of 2024(2) dt.31-01-2025 2/2 from an open place, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise, Danapur in connection with Dulhin Bazar P. S. Case No. 228 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T