Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10985 of 2020 Arising Out of PS. Case No.-489 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.

MANOJ PRASAD S/o Shashibhushan Prasad Resident of VillageDhibrapar, P.S.-Hilsa, District-Nalanda. 2.

Bilash Prasad Son of Lal Babu Prasad Resident of Village-Dhibrapar, P.S.- Hilsa, District-Nalanda.

3.

Manjhla @ Sunil Prasad Son of Vinay Prasad Resident of Village-Dhibrapar, P.S.-Hilsa, District-Nalanda.

... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

153 liters of country made liquor is said to have been recovered from a bush beside the road and the petitioners managed to escape.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.10985 of 2020(2) dt.11-06-2020 2/3 no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. They were not apprehended on the spot. They have no criminal antecedent.

Petitioners are agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) each in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cumSpecial Judge Excise, Nalanda at Biharsharif in connection with Hilsa P.S. Case No.489 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The bail bond of the petitioners shall be accepted by

Patna High Court CR. MISC. No.10985 of 2020(2) dt.11-06-2020 3/3 the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) each in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T