Patna High CourtCR. MISC./10304/2024bail granted

Sanjay Manjhi v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10304 of 2024 Arising Out of PS. Case No.-498 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== SANJAY MANJHI SON OF NATHU MANJHI @ NATHU RESIDENT OF VILLAGE - PANSIHA, P.S. - BAHADURPUR (PATOR O.P.), DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahadurpur (Pator O.P) P.S. Case no. 498 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 151.170 liters liquor was recovered from the road side, petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Recovery was from south side of the road. The petitioner

Patna High Court CR. MISC. No.10304 of 2024(2) dt.21-02-2024 2/2 is in custody since 17.10.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean criminal antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahadurpur (Pator O.P) P.S. Case no 498 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U