Patna High CourtCR. MISC./14510/2023allowed

Kamlesh Manjhi v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14510 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Kamlesh Manjhi S/O Late Sukhu Manjhi R/O Village- Neona Colony, P.SKarpi, District- Arwal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 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 5 litres of country made liquor from the possession of the petitioner.

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 alleged recovery. There is no independent witness of the

Patna High Court CR. MISC. No.14510 of 2023(2) dt.27-04-2023 2/2 alleged seizure. Moreover, the petitioner is languishing in judicial custody since 10.01.2023.

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, period under custody as well as meagre quantity of liquor has been recovered, 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, Jehanabad 2nd in connection with Arwal P.S. Case No. 14 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T