Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13718 of 2023 Arising Out of PS. Case No.-675 Year-2022 Thana- BEUR District- Patna ====================================================== 1.

Guddu Kumar S/O Rajendra Manjhi R/V- Hasanpura Musahari, P.S.- Beur, District- Patna 2.

Sudhir Manjhi S/O Parmeshwar Manjhi R/V- Hasanpura Musahari, P.S.- Beur, District- Patna 3.

Nagina Manjhi @ Vithal Manjhi S/O Late Mukhu Manjhi R/V- Hasanpura Musahari, P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Raj, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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 100 liters country made mahua liquor, which was recovered from Sonvarsha Payin south-east from Hasanpura Mushari. After that this case has been lodged.

Patna High Court CR. MISC. No.13718 of 2023(2) dt.05-05-2023 2/3 Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are just passerby and they have no concern with the alleged recovery and nothing incriminating article has been recovered from their conscious possession. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. Similarly situated coaccused persons have already been granted bail by this Court vide order dated 25.04.2023 passed in Cr. Misc No. 13570 of 2023. The petitioner is languishing in judicial custody since 26.12.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beur P.S. Case No. 675 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13718 of 2023(2) dt.05-05-2023 3/3 satisfaction of learned Special Judge, Excise Patna. (Sunil Kumar Panwar, J) Manish/- U T