Manoranjan Kumar @ Manoranjap Garai @ Manorajna Garai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41144 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Manoranjan Kumar @ Manoranjap Garai @ Manorajna Garai, S/o Late Prasadi Garai, R/o Village-Korwa, P.S. -Islampur, District-Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Islampur P.S. Case No.148 of 2024 registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016.

3. The accused/petitioner is named in the FIR and is in custody since 31.03.2024.

4. Allegation against the petitioner is to have in possession of 5 liters of country-made illicit liquor and also alleged to be involved in trade of illicit liquor.

5. It is submitted by learned counsel for the petitioner that alleged plastic gallon containing illicit liquor

Patna High Court CR. MISC. No.41144 of 2024(2) dt.13-06-2024 2/3 not appears to be connected in any manner with accused/petitioner. It is submitted that the seizure list also appears doubtful being not supported by independent witness rather by police home-guard personnel despite of availability of independent witnesses, which prima facie suggest false implication of the petitioner. While concluding argument, it is submitted that petitioner found involved in six more criminal cases, where he is on bail and on the basis of suspicion arises out of said criminal antecedents, he was implicated with present case also and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of nature of accusation, where petitioner is in custody since 31.03.2024, coupled with the fact that chargesheet has already submitted, accordingly, the petitioner, above-named, is directed to be released on bail furnishing

Patna High Court CR. MISC. No.41144 of 2024(2) dt.13-06-2024 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Nalanda, Biharsharif in connection with Islampur P.S. Case No.148 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T