Allowed

Manish Kumar v. The State of Bihar

Patna HC1 May 2023CR. MISC./6087/2023

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in excise case No. 981 of 2022, directing him to furnish bonds and sureties and comply with specific undertakings during bail. The court emphasized the duration of custody and lack of arrest at the spot as grounds for release.

What did the court decide?

Petitioner released on bail by furnishing bonds of Rs. 10,000 with two sureties of like amount and complying with specified conditions.

Manish Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6087 of 2023

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Arising Out of PS. Case No.-981 Year-2022 Thana- KHAGARIA District- Khagaria

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======================================================

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MANISH KUMAR Son of Late Ganesh Prasad R/v- Mill Road, Ward No. 10, P.S. and District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.Ram Sevak Choudhary

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======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 01-05-2023

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Heard learned counsel for the petitioner as well as learned APP for the State.

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In this case, the petitioner is seeking regular bail in connection with Khagaria P.S. Case No. 981 of 2022, registered for the offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act.

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The learned counsel for the petitioner has submitted that the petitioner is not arrested at the spot. Nothing was recovered from his possession. His name has figured in confessional statement of co-accused persons from whose possession, 13.55 liters of liquor was recovered. He is under custody since 17.10.2022.

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Considering the above-mentioned facts and circumstances especially the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of

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Patna High Court CR. MISC. No.6087 of 2023(2) dt.01-05-2023 2/2

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Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, 1^st Khagaria in connection with Khagaria P.S. Case No. 981 of 2022, subject to the following conditions:-

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(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

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(Nawneet Kumar Pandey, J)

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Kundan/Nitin U T

Manish Kumar v. The State of Bihar

Case brief

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Manish Kumar v. The State of Bihar

Case brief

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