In this bail petition arising from a liquor offence case, the Patna High Court granted the petitioner release on bail by a bond of Rs. 10,000 with two sureties, subject to conditions regarding trial cooperation and antecedent verification.
The petitioner is released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15749 of 2022
Arising Out of PS. Case No.-893 Year-2021 Thana- SITAMARHI District- Sitamarhi
======================================================
MANISH KUMAR @ MANKI S/o Raj Kishor Prasad R/o village- Brahm Asthan Ward No. 7, P.S.- Sitamarhi, Dist.- Sitamarhi
... ... Petitioner/s
Versus
2 11-07-2022
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar,Advocate For the Opposite Party/s : Mr APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
... ... Opposite Party/s
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 414/34 of the IPC and 30(a) Bihar Prohibition and Excise Act 2016.
Recovery is of 176.94 liters of foreign liquor.
Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of suspicion. He further submits that the name of the petitioner has been transpired only on the basis of the disclosure made by co-accused, namely, Mukesh Kumar. He
Patna High Court CR. MISC. No.15749 of 2022(2) dt.11-07-2022 2/3
further submits that it appears from the FIR as well as seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from one Tempo in question and the petitioner is neither the driver nor the owner of the Tempo and the police, after investigation, submitted the charge-sheet against the petitioner and the petitioner is in custody since 08.11.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.
Considering 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 Court below where the case is pending in connection with Sitamarhi P.S. Case No.893 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.15749 of 2022(2) dt.11-07-2022 3/3
witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail after being in custody for an offence under Sections 414/34 of IPC and 30(a) Bihar Prohibition and Excise Act 2016.
2 provisions across 2 enactments
Manish Kumar @ Manki
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
