Patna High CourtCR. MISC./60526/2023allowed

Motilal Manjhi v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60526 of 2023 Arising Out of PS. Case No.-278 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Motilal Manjhi S/O Late Radha Manjhi R/O Village- Usari, Ps. Baikunthpur, Dist. Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. According to FIR, the petitioner is alleged to have apprehended with illicit liquor of 20 liters which was being carried out in a bucket.

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 as stated in para-3 of the bail petition. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article

Patna High Court CR. MISC. No.60526 of 2023(2) dt.22-09-2023 2/2 has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 4.8.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baikunth P.S. Case No. 278 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 Addl. Sessions Judge-II-cum-Special Judge, Excise Court No.1, Gopalganj.

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