Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44974 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Manoj Kumar @ Manoj Yadav Son Of Baleshwar Yadav Resident Of VillageAlauli, Ps- Alauli, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 144 liters of illicit foreign liquor along with two motorcycles beside the river and the petitioner is said to have fled away from place of occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the

Patna High Court CR. MISC. No.44974 of 2023(2) dt.28-07-2023 2/2 alleged recovery of illicit liquor or with the place of occurrence. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession rather his name transpired in this case on the basis of suspicion. Moreover, the petitioner is languishing in judicial custody since 25.3.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 126 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excioose Judge 1st Khagaria.

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