Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61107 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== 1.
MANISH KUMAR SON OF GANESH MAHTO @ GANESH MAHTON RESIDENT OF VILLAGE- AJGARBAR, BINALPUR, PS- TEGHRA, DIST- BEGUSARAI 2.
GOPAL KUMAR SON OF GANESH MAHTO @ GANESH MAHTON RESIDENT OF VILLAGE- AJGARBAR, BINALPUR, PS- TEGHRA, DIST- BEGUSARAI ... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 81 liters of illegal country-made liquor and other articles from the house of co-accused Ganesh Mahto.
Patna High Court CR. MISC. No.61107 of 2023(2) dt.15-09-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the seized wine and other articles. From the perusal of the FIR and seizure list it is evident that the entire recovery of illegal country made liquor has been seized from the house of co-accused Ganesh Mahto and these petitioners are living separately from that house and they have no concern with the activity and day to day affairs of his father namely Ganesh Mahto and both the petitioners have no knowledge that illegal country made liquor is being prepared in their house. No incriminating article has been recovered from the conscious possession of these petitioners. They are languishing in judicial custody since 13.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.61107 of 2023(2) dt.15-09-2023 3/3 satisfaction of the learned Court below in connection with Teghrha P.S. Case No. 183 of 2023.
(Sunil Kumar Panwar, J) arish/- U