Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12702 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Manoj Kumar S/O Krishna Prasad R/O- Ram Padarth Nagar, New Bypass Bus Stand, Chakmahila, Chakmahila Dumra Sitamarhi, Sitamarhi, DistrictSitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Saurav Barial For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 93 litres of Nepali liquor from the house of petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. Nothing incriminating has been

Patna High Court CR. MISC. No.12702 of 2023(2) dt.24-04-2023 2/3 recovered from the conscious possession of the petitioner. It is further submitted that petitioner use to run a student lodge in which there are 8 rooms and further admittedly the room No. 1, from where the illicit liquor has been seized was rented jointly to co-accused Raju Kumar and Raj Kumar Rai. The petitioner has been dragged in the present case only because he is owner of the said lodge. He is languishing in judicial custody since 04.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge

Patna High Court CR. MISC. No.12702 of 2023(2) dt.24-04-2023 3/3 (Excise) II, Sitamarhi in connection with Sitamarhi P.S. Case No. 11 of 2023.

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