Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13729 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== Md. Munna S/O Md. Shamim Resident Of Village- Siliguri,P.S. And DistrictJalpaiguri (W.B.), Permanent Address Village- Rahua, Ward No.- 7, Pachhiyari Tola, P.S.- Rosera, District- Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Jhanjharpur P.S. Case no. 11 of 2023 instituted for the offence under Sections 272, 273, of the IPC and Sections 47, 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 2142 liters foreign made liquor, which was recovered from a truck bearing Reg. No. WB57D-6014. It is further alleged that petitioner was apprehended on the spot and after that this case has been lodged.

Patna High Court CR. MISC. No.13729 of 2023(2) dt.05-05-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 60,000/- (Sixty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jhanjharpur P.S. Case No. 11 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13729 of 2023(2) dt.05-05-2023 3/3 satisfaction of learned Special Judge Excise Act, Jhanjharpur, District Madhubani.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 60,000/- (Rs. Sixty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T