Hirday Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38163 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- Excise P.S. District- Katihar ====================================================== 1.
Hirday Manjhi Son of Biren Manjhi Resident of Aridanga, Ghospada, P.SPokhariya, Dist- Malda 2.
Uttam Mahara Son of Sapan Mahara Resident of Village- Gobarjana, P.SPokhariya, Dist- Malda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Faiz Naseem For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Excise P.S. Case No. 109 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 690 liters liquor was recovered from pick-up vehicle and the petitioners were apprehended on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.38163 of 2024(2) dt.22-05-2024 2/3 have got no concern with the alleged recovery of liquor. It is further submitted that petitioner no. 1 is owner-cum-driver and petitioner no. 2 is helper of the pick-up vehicle in question and both of them have no knowledge regarding the goods booked by by the transporter/goods kept in the vehicle. The petitioners are in custody since 25.02.2024 and have 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 petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 109 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.38163 of 2024(2) dt.22-05-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T