Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22171 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Manjit Kumar S/O Parma Yadav Resident Of Village- Supauli, P.S.- Sidhwalia, District- Gopalganj.

2.

Ravindra Kumar S/O Kanhaiya Yadav Resident Of Village- Supauli, P.S.- Sidhwalia, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Pandey, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Dumariyaghat P.S. Case No. 217 of 2022 dated 11.10.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioners are that the instant matter relates to the recovery of 160.260 litres of country made foreign liquor and the same is stated to have been recovered from a Bolero vehicle and as per the allegation, both the petitioners are stated to have been arrested from the said vehicle but in actual, they were bonafidely passing near the place of recovery as their

Patna High Court CR. MISC. No.22171 of 2023(2) dt.11-05-2023 2/2 houses are situated nearby the place of recovery and merely on suspicion, they were arrested. Further submissions are that the petitioners had no concern with the seized vehicle as well as the seized liquor as they are neither owner nor driver of the alleged seized vehicle and they have fair and clean antecedent and have been languishing in jail since 12.10.2022 and against them, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer of both the petitioners.

5. Considering the above submissions and mainly the petitioners' fair and clean antecedent and completion of the investigation against them, in my opinion it is a fit case for bail to the petitioners. Accordingly, let both the petitioners namedabove be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Dumariyaghat P.S. Case No. 217 of 2022. (Shailendra Singh, J) annu/- U T