Manoj Kuswaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66095 of 2022 Arising Out of PS. Case No.-768 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Manoj Kuswaha, Son of Late Bishwanath Kuswaha, Resident of Pucha Shani, Home- Gay Ghat Gosai Ghat, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Alamganj P.S. Case No.768 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

There is alleged recovery of 90 litres country-made liquor from the tempo.

The learned counsel for the petitioner submits that the petitioner was seated in the vehicle, because he had taken a ride. He has thus become a victim of circumstance. Having no antecedents, he is in custody since 16.11.2021. Investigation is complete.

Learned APP for the State has opposed the prayer for bail.

Having regard to the manner of recovery, submissions advanced by the parties, period of custody, and the fact that investigation being complete, this Court for the purposes of

Patna High Court CR. MISC. No.66095 of 2022(3) dt.10-02-2023 2/2 grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City, in connection with Alamganj P.S. Case No.768 of 2021, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T