Patna High CourtCR. MISC./39872/2023allowed

Manjit Kumar v. The State Of Bihar

2023-07-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39872 of 2023 Arising Out of PS. Case No.-856 Year-2022 Thana- FATUA District- Patna ====================================================== MANJIT KUMAR Son of Umesh Ray @ Umesh Kumar Ray Resident of village - Rampur, P.S. - Raghopur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 1030.08 liters of illegal liquor from a Pick-up Van.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot and he has no concern either with the seized vehicle or with the wine in question. He submitted that the co-accused namely, Sunil Kumar and Vinay Kumar, who apprehended on spot and on their confessional statement the name of the petitioner has

Patna High Court CR. MISC. No.39872 of 2023(3) dt.27-07-2023 2/2 come into light. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 08.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Fatua P.S. Case No. 856 of 2022.

(Sunil Kumar Panwar, J) arish/- U T