Patna High CourtCR. MISC./65350/2023allowed

Manoj Kumar v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65350 of 2023 Arising Out of PS. Case No.-452 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Manoj Kumar Son Of Sonu Yadav Resident Of Village- Bhaghar, PsChouparan, Dist- Hazaribagh, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 45 of the Bihar Prohibition & Excise Act.

3. According to the prosecution case, the petitioner is alleged to have bean apprehended with a Bolero vehicle from where, total 565 liters of illicit liquor was recovered.

4. 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 this present case. He has got no criminal antecedent. Petitioner is only driver of the seized vehicle but he has no concern with the alleged recovery of liquor. No any incriminating article has been

Patna High Court CR. MISC. No.65350 of 2023(3) dt.18-12-2023 2/2 recovered from his possession. The petitioner is languishing in judicial custody since 20.7.2023.

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

6. The petitioner, being a driver is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 Wazirganj P.S. Case No. 452 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 Exclusive Special Excise Court No.1, Gaya.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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