Patna High CourtCR. MISC./54263/2023allowed

Baldeo Manjhi v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54263 of 2023 Arising Out of PS. Case No.-546 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Baldeo Manjhi son of Chalitar Manjhi village- Murhara Ps- Shakurabad DistJehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, 02 liters of illicit liquor kept in the plastic bottle recovered from the possession of the petitioner. 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 the presence case by the police. He has no concern with the alleged recovery. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner is

Patna High Court CR. MISC. No.54263 of 2023(2) dt.25-08-2023 2/2 languishing in judicial custody since 23.05.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 court of learned Special Judge I, Excise Act, Jehanabad in connection with Jehanabad Excise P.S. Case No. 546 of 2023.

(Sunil Kumar Panwar, J) lata/- U T