Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78244 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- CHANDAN District- Banka ====================================================== Manish Kumar Son of Late Jata shankar Prasad Sinha Resident of VillageKhaira Police Station Rajaun Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Chandan P.S. Case No. 163 of 2018 registered for the offence punishable under Section 30(a) (g) and 32(2) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 54 litres foreign liquor from a vehicle which was being boarded by the accused including the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and he has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 11.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.78244 of 2018(2) dt.16-01-2019 2/2 amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan P.S. Case No. 163 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T