Patna High CourtCR. MISC./89217/2024bail granted

Manish Kumar v. The State Of Bihar

2025-01-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89217 of 2024 Arising Out of PS. Case No.-313 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Manish Kumar S/o- Rudneshwar Ray @ Rudal Ray Resident of Bhatgama P.S-Ghatho, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2025 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 Mohiuddinnagar P.S. Case No. 313 of 2023 dated 15.11.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 13.5 litres of illicit foreign liquor was recovered from the motorcycle.

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

Patna High Court CR. MISC. No.89217 of 2024(2) dt.17-01-2025 2/3 the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is neither the owner nor the driver of the said vehicle. The other co-accused person has already been granted anticipatory bail by this court vide order dated 20.02.2024 passed in Cr. Misc. No. 7686/2024. The petitioner has six antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.08.2024.

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 above-named, 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, Samastipur in connection with Mohiuddinnagar P.S. Case No. 313 of 2023.

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.89217 of 2024(2) dt.17-01-2025 3/3 reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T