Patna High CourtCR. MISC./54652/2023allowed

Manoj Manjhi v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54652 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- KOTWALI District- Patna ====================================================== MANOJ MANJHI SON OF FALASING MANJHI @ BALAK MANJHI RESIDENT OF KAMLA NEHRU NAGAR, P.S. - KOTWALI, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution case relates to recovery of 680 litres of country made mahua liquor and 26 litres of english liquor from the house of Bablu Manjhi.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has no concern with the seized liquor or from the place of occurrence. The said recovery has been made from the house of accused Bablu Manjhi and not from the house of the petitioner.

Patna High Court CR. MISC. No.54652 of 2023(2) dt.29-08-2023 2/2 Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 4.7.2023.

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, 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 satisfaction of the learned Special Judge, Excise, Patna in connection with Kotwali PS Cae No. 171 of 2023.

(Sunil Kumar Panwar, J) sushma/- U