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Patna High CourtCR. MISC./14430/2023allowed

Krishna Kumar @ Krishna Manjhi @ Krishan Manjhi @ Krishna Kr. Manjhi v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14430 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

Krishna Kumar @ Krishna Manjhi @ Krishan Manjhi @ Krishna Kr. Manjhi S/O Rajendra Bhuiyan @ Rajendra Manjhi R/O Village- Parsatari, P.S- Chouparan, District- Hazaribagh, State- Jharkhand 2.

Kush Kumar @ Kush Manjhi S/O Arjun Manjhi R/O Village- Amoghati, P.S- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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 25 litres of country made liquor from motorcycle. The petitioners alleged to be apprehended on spot.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.14430 of 2023(2) dt.27-04-2023 2/3 petitioners has submitted that petitioners are innocent and they have falsely been implicated in the present case. They have committed no offence. They have no concern with the alleged recovery or with the motorcycle in question. There is no independent witness of the alleged seizure. Moreover, the petitioners are languishing in judicial custody since 16.01.2023. A statement has been made in para 3 of the petition that petitioners have 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in connection with Fatehpur

Patna High Court CR. MISC. No.14430 of 2023(2) dt.27-04-2023 3/3 P.S. Case No. 32 of 2023.

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