Ram Manoj Mahto @ Ramu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27445 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- PATLIPUTRA District- Patna ====================================================== Ram Manoj Mahto @ Ramu Ray S/o Sakhichandra RAy R/o Kanuana Gali No.49, Near Mainpura Ramjanki Mandir, , TEnant in the house of Uday Singh, P.S.- Patliputra, District- Patna Permanent address Bairya, Kanpura, P.S.- Gopalpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Special Case No. 263 of 2024, arising out of Patliputra P.S. Case No. 68 of 2024, instituted for the offences punishable under Sections 30(a), 41(1) and 37 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 150 liters liquor was recovered from plastic bag behind Shiv mandir near Ganga river. The petitioner was apprehended on spot in drunken state.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.27445 of 2024(2) dt.09-04-2024 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 18.02.2024 and has got no criminal antecedent. 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 Special Case No. 263 of 2024, arising out of Patliputra P.S. Case No. 68 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T