Patna High CourtCR. MISC./9462/2023allowed

Manoj Mahto v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9462 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Manoj Mahto S/O Mahesh Mahto R/O Rudalganj, P.S- Laheriasarai (Benta O.P), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Akbar Ali ====================================================== 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 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 486 litres of Nepali liquor from forest area.

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 or with the place of occurrence. The name of the petitioner sprang up in this case on the basis of secret information. Neither the petitioner was arrested on spot nor

Patna High Court CR. MISC. No.9462 of 2023(2) dt.17-04-2023 2/2 any incriminating article has been recovered from his conscious possession. There is no independence witness of the alleged seizure. The petitioner is languishing in judicial custody since 02.08.2022.

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 Special Judge Excise II, Darbahnga in connection with Laheria Sarai (Benta O.P.) P.S. Case No. 331 of 2022.

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