Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15582 of 2023 Arising Out of PS. Case No.-592 Year-2022 Thana- RAJAON District- Banka ====================================================== 1.

Manish Kumar S/O Pradeep Sharma @ Pradip Sharma R/O Village- Asha Tola, P.S.- Narayanpur, Distt- Bhagalpur.

2.

Ashish Kumar S/O Subedar Sharma R/O Village- Asha Tola, P.S.- Narayanpur, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case relates to recovery of total 100.125 liters foreign made liquor, which was recovered from the Dikki of a car bearing Reg. No. WB24R-3102. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have no concern with the alleged recovery nor vehicle in question

Patna High Court CR. MISC. No.15582 of 2023(2) dt.28-04-2023 2/2 belongs to them, they have only taken lift from the said car and the driver of the said car has managed to escape. The petitioners have got no criminal antecedent. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C. moreover, the petitioners are languishing in judicial custody since 08.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Rajoun (Nabada) P.S. Case No. 592 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Banka.

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