Patna High CourtCR. MISC./53538/2022bail granted

Manoj Kumar v. The State Of Bihar

2022-10-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53538 of 2022 Arising Out of PS. Case No.-1031 Year-2018 Thana- BIHTA District- Patna ====================================================== Manoj Kumar Son of Subalal Rai @ Subalal Bhagat Resident of Village - Daulatpur, P.s.- Bihta, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Special Excise Case No. 8617 of 2018 arising out of Bihta P.S. Case No. 1031 of 2018 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the total recovery of 100 litres desi mahua wine alleged to be recovered in this case. Learned counsel for the petitioner submits that he is innocent and has committed no offence. The said recovery was not made from the possession of the petitioner. Counsel for the petitioner submits that his name has figured in this case by

Patna High Court CR. MISC. No.53538 of 2022(2) dt.21-10-2022 2/2 virtue of the disclosure of the local chaukidar and he was apprehended by the police upon chase. Counsel for the petitioner further submits that antecedent of the petitioner is clean and he is in custody since 22.12.2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur (Patna) in connection with Special Excise Case No. 8617 of 2018 arising out of Bihta P.S. Case No. 1031 of 2018, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T