Manik Chandra Prasad @ Manikchandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42617 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== MANIK CHANDRA PRASAD @ MANIKCHANDRA Son of Pyare Lal Resident of village - Pitambara Mandir Colony, Gud ki Mandi, P.S. - Alamganj, Distt. - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Alamganj P.S. Case No. 145 of 2023 registered for the offence under Sections 30(a)/36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. The accused/petitioner is named in the F.I.R. and is in custody since 25.05.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 150 litres of IMFL/country made liquor from the alleged Scooty bearing registration no. BR01CJ2825.

Patna High Court CR. MISC. No. 42617 of 2023(2) dt.25-07-2023 2/2

6. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in this case on the basis of disclosure made by co-accused, namely, Bajrangi Kumar, and as such, it can be said safely that recovery of alleged illicit liquor not appears to be made from conscious physical possession of this petitioner.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above as alleged illicit liquor not appears to be made from conscious physical possession of this petitioner, where petitioner is in custody since 25.05.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Alamganj P.S. Case No. 145 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Patna City/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T