Manoj Rai @ Laulha @ Manoj Kr Pankaj @ Lulha @ Lulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11102 of 2022 Arising Out of PS. Case No.-254 Year-2018 Thana- KANTI District- Muzaffarpur ====================================================== MANOJ RAI @ LAULHA @ MANOJ KR PANKAJ @ LULHA @ LULLA Son of Bhag Narayan Ray Resident of Village- Fatehpur, P.S.- Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kanti P.S. Case No. 254/2018 lodged under Sections 30 (a)/38 and 41 of the Bihar Prohibition and Excise Act with amendment. As per allegation made in the FIR, total recovery of 59.280 liters of Harayana made wine.

Learned counsel for the petitioner submits that the petitioner was not arrested at the alleged place of occurrence and hence nothing was recovered from the conscious possession of the petitioner. He further submits that the entire case has been lodged on the secret information. He further submits that charge sheet has already been submitted in the case and the petitioner is

Patna High Court CR. MISC. No.11102 of 2022(2) dt.23-06-2022 2/2 in custody since 05.12.2021 and having no criminal antecedent. He further submits that as mentioned in paragraph no. 9 of the bail application, the similarly situated other co-accused persons, namely, Krishan Kumar and Ranjeet Rai have been granted bail by co-ordinate Benches of this Court vide order dated 16.07.2018 and 19.07.2018 passed in Cr. Misc. No. 41487/2018 and 43106/2018 respectively.

The learned A.P.P. for the State vehemently opposed the prayer for bail.

In the facts and circumstances of the case that charge sheet has already been submitted in this case, petitioner is in judicial custody 05.12.2021 and having clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Court No.-II, Muzaffarpur in connection with Kanti P.S. Case No. 254/2018. Accordingly, this application is disposed of. (Dr. Anshuman, J) amitkumar/- U T