Patna High CourtCR. MISC./14821/2024bail granted

Katari Manjhi v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14821 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Katari Manjhi Son of Late Madhai Manjhi R/o Village- Kajipur, P.S.- Doriganj, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Doriganj P.S. Case No. 367 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 total 15 litres of liquor was recovered near bushes behind palani (hut).

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the bushes situated at back side of the hut. The petitioner

Patna High Court CR. MISC. No.14821 of 2024(2) dt.04-03-2024 2/2 has got no concern with the alleged recovery of liquor. The petitioner is in custody since 20.12.2023 and has three criminal antecedents. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Doriganj P.S. Case No. 367 of 2023.

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