Manoj Kumar Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62070 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Manoj Kumar Bhandari S/o Satrudhan Bhandari Resident of VillageJagidshpur, P.S.-Manigachhi, (Nehra OP), District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, total 32.100 liters of Nepali liquor was recovered from the shop of the co-accused Mithilesh Mahto and petitioner was apprehend on the spot. 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 case. He has no concern with the alleged recovery of liquor or with the place of occurrence. In fact, the petitioner went to shop of Mithilesh Mahto for purchase of clothes and in the meantime raid was

Patna High Court CR. MISC. No.62070 of 2023(2) dt.15-09-2023 2/2 conducted and he was arrested outside the shop merely on suspicion. No any incriminating article has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 05.08.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Manigachhi P.S. Case No. 168 of 2023. (Sunil Kumar Panwar, J) lata/- U T