Guddu Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7099 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Guddu Mansoori Son Of Jan Mansoori Resident Of Village- Chakmahila, Ward No.-5, P.S.- Sitamarhi Town, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 45 litres of Nepali Saufi liquor from a motorcycle. The petitioner is driver of the alleged motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing

Patna High Court CR. MISC. No.7099 of 2023(2) dt.01-05-2023 2/3 incriminating has been recovered from the conscious possession of the petitioner. He has no concern with the alleged recovery. There is no compliance of Section 100 of the Cr.P.C. Moreover, the Petitioner is languishing in judicial custody since 31.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing on behalf of State has vehemently opposed the prayer of Bail and submitted that huge quantity of Nepali liquor has been recovered from the motorcycle which was driven by the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise

Patna High Court CR. MISC. No.7099 of 2023(2) dt.01-05-2023 3/3 Court II, Sitamarhi in connection with Excise P.S. Case No. 262 of 2022.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T