Suryadev Manjhi @ Suryadev Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6744 of 2023 Arising Out of PS. Case No.-831 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Suryadev Manjhi @ Suryadev Manjhi Son Of Munni Manjhi Resident Of Village - Bichhitand, P.S.- Mufassil, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyadarshi Pankaj Raj Anand For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mufassil P.S. Case No. 831 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 25 liters of country made liquor from the scooty which was being driven by this petitioner and as alleged he was apprehended on spot by the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.6744 of 2023(2) dt.11-04-2023 2/3 the petitioner and he has no concern either with the seized liquor or with this offence. There is no independent witness of the seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 19.10.2022. The application for bail is opposed by learned APP for the State and submitted that the petitioner was arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mufassil P.S. Case No. 831 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Gaya.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.6744 of 2023(2) dt.11-04-2023 3/3 the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten Thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) shubham/- U T