Patna High CourtCR. MISC./60847/2023allowed

Ajay Kumar 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.60847 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- TARAIYA District- Saran ====================================================== AJAY KUMAR MANJHI son of Yogendra Manjhi Village- Masharak Takth Ps- Masharak Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. 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 272, 273 of the IPC and Sections 30(a), 32(1)(2), 33, 38, 41(2) Bihar Prohibition and Excise Act.

3. As per prosecution case, it is a case of recovery of total 300 liter illegal liquor from the tempo of co-accused and the petitioner was also apprehended on the spot along with a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.60847 of 2023(2) dt.22-09-2023 2/2 concern with the alleged recovery nor tempo in question belongs to him. It is further submitted that nothing has been recovered from his conscious possession. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Taraiya P.S. Case No. 247 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 concerned Court.

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