Patna High CourtCR. MISC./48158/2023bail granted

Manoj Kumar v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48158 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- MEHSI District- East Champaran ====================================================== MANOJ KUMAR SON OF DHARMBEER SINGH RESIDENT OF VILLAGE- BAHLOTH, PS- PACHERI KALA, DIST- JHUNJHUNU, RAJASTHAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mehsi P.S Case No. 60 of 2023 dated 12.03.2023 registered for the offence punishable u/s 30(a), 32(ii) (iii), 41(i) (iii) of the Bihar Prohibition and Excise Amendment Act, 2018.

4. As per the prosecution case, 2664 litres of illicit English liquor was recovered from the seized container (truck) which was being driven by the petitioner.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No. 48158 of 2023(2) dt.08-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari in connection with Mehsi P.S. Case No. 60 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) ravikr/- U T