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Patna High CourtCR. MISC./8464/2023allowed

Manoranjan Kumar v. The State Of Bihar

2023-04-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8464 of 2023 Arising Out of PS. Case No.-1469 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== MANORANJAN KUMAR S/O LAKHINDAR MAHTO @ LAKHINDRA RAY R/v- santo Oriyahi, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a), 32(3) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 126 liters of IMFL from an Ambulance bearing no. BR01PN9115 and two mobile phones. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to local village politics. He has committed no offence. He submitted that the petitioner has apprehended on spot. Petitioner has no concern either with the seized vehicle or with the wine in

Patna High Court CR. MISC. No.8464 of 2023(2) dt.17-04-2023 2/2 question. He further submitted that the seized vehicle belongs to co-accused Bipul Kumar and it appears from para-9 of the petition that on his instruction they were going to deliver the said Ambulance to one Rahul. Petitioner was totally unaware about that in the aforesaid Ambulance illegal liquor was loaded. He is languishing in judicial custody since 08.12.2022. The application for bail is opposed by learned APP for the State.

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 Special Judge Excise, Court No.II, Muzaffarpur in connection with Government Official Comp. P.S. Case No. 1469 of 2022. (Sunil Kumar Panwar, J) arish/- U T