Manjeeta Kumar @ Chhotu @ Manjita Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46369 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- DHANKUND District- Banka ====================================================== Manjeeta Kumar @ Chhotu @ Manjita Kumar S/O Singheshwar Mandal Resident of Village- Assi, Makaita, P.S.- Dhankund, District- Banka ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Pandey,Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks pre-arrest bail in connection with Dhankund P.S.Case No.116 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 of the Indian Penal Code. As per FIR, 40 ltr. of illicit liquor was recovered from the Scooty kept in a sack and the petitioner managed to escape from the spot.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case and made accused for the offence committed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Patna High Court CR. MISC. No.46369 of 2023(2) dt.11-08-2023 2/2 Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
Considering the nature of allegation and the quantity of illicit country-made liquor recovered from the scooty kept in a sack, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Banka in connection with Dhankund P.S.Case No.116 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailors shall be his close family member and warning that the petitioner will not be indulged in similar nature of offence in future.
(Purnendu Singh, J) chn/- U