Patna High CourtCR. MISC./61249/2023allowed

Manish Kumar v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61249 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Manish Kumar Son Of Baidhnath Yadav @ Baidnath Yadav @ Baijnath Yadav Village- Bargaon, Bargao, Barganv Ps- Hasanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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. Prosecution case relates to recovery of 259.560 liters of country made liquor from the as alleged house of the petitioner.

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 is not apprehended on spot. Nothing has been recovered from his conscious possession and also he has no concern with the said recovery. Moreover, he is languishing in judicial custody since

Patna High Court CR. MISC. No.61249 of 2023(2) dt.15-09-2023 2/2 22.07.2023.

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 Hasanpur P.S. Case No. 69 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 Special Judge, Excise, 1st , Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T