Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64761 of 2023 Arising Out of PS. Case No.-548 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== MANISH KUMAR SON OF LAL BABU RAY@ LALBABU RAY RESIDENT OF VILLAGE- GARHOCHAK (GADHOCHAK), KRIPAL TOLA, MAUZIPUR PS- NADI, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 599.16 liters foreign made liquor of different brands from a bus and the petitioner and co-accused persons were apprehended on the spot.

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

Patna High Court CR. MISC. No.64761 of 2023(2) dt.11-10-2023 2/2 present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery nor he is owner of the alleged bus. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.07.2023.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 548 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 Patna District Patna. (Sunil Kumar Panwar, J) manishkumar/- U T