Patna High CourtCR. MISC./35004/2024bail granted

Manvendra Ray @ Mantu Ray v. The State Of Bihar

2024-05-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35004 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Manvendra Ray @ Mantu Ray Son Of Late Venu Madhav Ray Resident of Mohalla - East Lohanipur, Kashi Nath Lane Yugal Kishor Singh Ke Makan Me Kirayedar, P.S. Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kadamkuan P.S. Case No. 223 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, 66.705 liters liquor was recovered from the rented house of the petitioner. The petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the 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. It is further

Patna High Court CR. MISC. No.35004 of 2024(2) dt.08-05-2024 2/2 submitted that the seized house does not belong to the petitioner. The petitioner lives in the alleged house as a renter. The petitioner is in custody since 18.03.2024 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 Kadamkuan P.S. Case No. 223 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T