Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5137 of 2025 Arising Out of PS. Case No.-745 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.

Manjit Kumar S/o Shri Tetar Rai R/o Village- Tersiya, Ward No.4, P.S.- Hajipur, District- Vaishali 2.

Rohit Kumar S/o Shri Ramnath Rai R/o Village- Rajapakar, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alexander Ashok, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Garkha PS Case No. 745 of 2024 instituted for the offences under Sections 30(a), 36, 38 and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 594.720 litres of foreign liquor was recovered from Truck. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.5137 of 2025(2) dt.05-02-2025 2/2 submitted that petitioners are neither the owner nor the driver of the seized vehicle. The petitioners are in custody since 07.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

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

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha PS Case No. 745 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T