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Patna High CourtCR. MISC./68784/2024bail granted

Manu Kumar @ Manu Paswan @ Manu Prasad v. The State Of Bihar

2025-01-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68784 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Manu Kumar @ Manu Paswan @ Manu Prasad S/o Laxman Paswan @ Laxman Prasad @ Laxman Kumar Paswan R/o Vill- Govindapur, P.S.- harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari, Adv For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Govindganj (Areraj) P.S Case No. 56/2024 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2022

3. As per allegation in the FIR, there is a recovery of 55 Litre of illicit liquor has been recovered from the bag which was fallen from the motorcycle of the petitioner in course of fleeing away after seeing the police party.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further

Patna High Court CR. MISC. No.68784 of 2024(2) dt.31-01-2025 2/2 submits that petitioner was not arrested on spot. It is submitted that recovery of alleged illicit liquor was not made from the conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is also submitted that petitioner is in judicial custody since 12.07.2024. He further submits that one of the co-accused has been granted bail by this Court vide order dated 10.04.2024 passed in Cr. Misc. No. 27493 of 2024.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Exclusive Special Excise Court No. 01 in connection with Govindganj (Areraj) P.S Case No. 56/2024. (Ramesh Chand Malviya, J) Sunnykr/- U