Rakesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7300 of 2023 Arising Out of PS. Case No.-549 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Rakesh Manjhi S/O Kishor Manjhi Resident Of Village- Bindusar Bujurg, P.S.- Mahadeva O.P., District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 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) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 216 litres of Indian Made Foreign Liquor from a car bearing registration number BR-06M-1347.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.7300 of 2023(2) dt.12-04-2023 2/3 alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case on secret information. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 09.12.2022. Moreover, similar situated co-accused, namely, Rohit Kumar Sah @ Kundan Kumar Sah @ Rohit Kumar has been granted Bail vide order dated 02.12.2022, passed in Cr. Misc. No. 61072 of 2022 by this Court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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.7300 of 2023(2) dt.12-04-2023 3/3 Court No. II, Siwan in connection with Siwan Mufassil P.S. Case No. 549 of 2022.

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