Binod Mahto @ Binod Manjhi @ Vinod Mahato @ Vinod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23672 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Binod Mahto @ Binod Manjhi @ Vinod Mahato @ Vinod Manjhi Son of Jagdish Manjhi @ Jagdish Mahato Resident of Village- Jabka (Tempo Tola), P.S.- Ramnagar, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tr. No. 279 of 2024, arising out of Ramnagar P.S. Case No. 478 of 2023, instituted for the offences punishable under Sections 30(a), 30(b), 30(c), 34(a) and 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 15 liters liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.23672 of 2024(2) dt.01-04-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the house of the petitioner is a joint house where other family members also reside. The petitioner is in custody since 12.12.2023 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tr. No. 279 of 2024, arising out of Ramnagar P.S. Case No. 478 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T