Manoj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50225 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Manoj Kumar Ray Son of Upendra Ray Resident of village - Mahua Ekdara, ward no. 04, P.S. - Khajauli, Distt. - Madhubani (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Khajauli P.S. Case No. 116 of 2023 instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per FIR, the petitioner was apprehended on the spot with two motorcycles and from the motorcycles, total 171 liters illicit liquor was recovered.

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

Patna High Court CR. MISC. No.50225 of 2023(3) dt.11-09-2023 2/3 this present case. Petitioner has no concern with the alleged recovery of liquor nor vehicles in question belongs to him. Seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 18.06.2023.

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

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

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 Khajauli P.S. Case No. 116 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.

Patna High Court CR. MISC. No.50225 of 2023(3) dt.11-09-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) lata/- U T