Patna High CourtCR. MISC./14429/2024bail granted

Manoj Paswan v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14429 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- CHANDAN District- Banka ====================================================== Manoj Paswan S/O Ramdeo Paswan R/O Village- Garhi Kurma, P.SShambhuganj, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Malendu, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chandan P.S. Case No. 117 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 225 liters liquor was recovered from car and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is co-driver

Patna High Court CR. MISC. No.14429 of 2024(2) dt.01-03-2024 2/2 and is not owner of the seized vehicle, further he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 21.07.2023 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Misc. No. 70078 of 2023. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chandan P.S. Case No. 117 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T