Patna High CourtCR. MISC./10475/2023allowed

Vishwanath Manjhi v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10475 of 2023 Arising Out of PS. Case No.-157 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== Vishwanath Manjhi S/O Bai Manjhi R/O Village- Bahadurpur Mushari, P.S.- Bahadurpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 300 liters country made liquor which was recovered from an open place.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner has no concern with the alleged recovery nor from the place of occurrence. It is further

Patna High Court CR. MISC. No.10475 of 2023(2) dt.04-05-2023 2/2 submitted that nothing incriminating article has been recovered from his conscious possession moreover, he is languishing in judicial custody since 26.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bahadurpur P.S. Case No. 157 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Patna City, Patna.

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