Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54943 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Manoj Kumar S/O Indar Mistry @ Indradev Vishwakarma R/O VillageNadiyain, P.S- Gurua, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in the present case registered for the offence punishable under sections 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act. Prosecution case relates to recovery of 115 litres of illicit liquor from a tempo and petitioner was arrested on spot who was driving the said vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Petitioner has no concern with the alleged vehicle or with the recovered wine. Vehicle belongs to co-villager, who has engaged the petitioner as part time driver. Provision of Section 100 CR.P.C. has not been

Patna High Court CR. MISC. No.54943 of 2023(3) dt.03-10-2023 2/2 followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 17.7.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 10,000/- (Rs. ten thousand) in the concerned DLSA.

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 Exclusive Special Excise Court no. III, Sherghati, Gaya in connection with Excise Sherghati PS Case No. 42 of 2023. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U