Raja Manjhi @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44294 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== RAJA MANJHI @ RAJA KUMAR SON OF CHENARIK MANJHI RESIDENT OF BAHADURPUR MUSHARI, PS- BAHADURPUR, DISTTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act and Section 414 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of 144 liters of illegal country-made Mahua from the house of coaccused Ramkaliya Devi. It is further alleged that two mobiles phone has also been recovered from co-accused Niraj Kumar,

Patna High Court CR. MISC. No.44294 of 2023(2) dt.21-07-2023 2/3 who was apprehended on spot.

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. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Niraj Kumar, who apprehended on spot. Petitioner has no concern with the seized liquor and the place of occurrence does not belongs to the petitioner. He submitted that co-accused namely, Monu Kumar has already been granted bail by this Bench vide order dated 25.02.2023 passed in Cr. Misc. No. 72312 of 2022. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 15.06.2023.

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

Patna High Court CR. MISC. No.44294 of 2023(2) dt.21-07-2023 3/3 satisfaction of the learned Court concerned in connection with Bahadurpur P.S. Case No. 213 of 2022.

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