MANISH KUMAR v. The State of Bihar Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Amendment Act, 2018 ss. 30(a), 32(3)
- Code of Criminal Procedure, 1973 s. 100
Judgment
====================================================== Appearance : Mr.Rajendra Prasad Sah For the Petitioner/s : For the Opposite Party/s : Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Mansi P.S. Case No. 224 of 2023, Special B A (Excise) No. 1749 of 2023 registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act,
As per prosecution case, there was alleged recovery of total 66.380 litre foreign liquor from the four wheeler vehicle in question and apprehended co-accused, Alok Kumar Ravikar, disclosed the name of petitioner who fled away from the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 10.09.2023. Petitioner bears no Patna High Court CR. MISC. No.75065 of 2023(2) dt.24-11-2023 criminal antecedent. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner has no knowledge regarding alleged recovered liquor. There is no compliance of Section 100 of Cr.P.C. Petitioner is not apprehended on spot. He further submits that co-accused, Alok Kumar Ravikar, has already been granted bail by this Court vide Cr. Misc. No. 61801 of 2023 and the case of present petitioner stands on better footing keeping in the view that petitioner is not apprehended on spot. He further submits that petitioner is quite innocent and has falsely been implicated in the case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, petitioner not apprehended on spot, keeping in view clean antecedent of the petitioner, co- accused has already been granted bail by this Court, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Patna High Court CR. MISC. No.75065 of 2023(2) dt.24-11-2023 Judge, Excise Court No. 1, Khagaria in connection with Mansi P.S. Case No. 224 of 2023, Special BA (Excise) No.; 1749 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Alok Kumar Pandey, J) vashudha/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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