Patna High CourtCR. MISC./69764/2024bail granted

Upendra Manjhi v. The State Of Bihar

2024-09-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69764 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- Excise P.S. District- Saran ====================================================== 1.

Upendra Manjhi S/o- Suresh Manjhi RO Village- Mohammadpur PSDariyapur District- Saran 2.

Jitendra Kumar Son of Bhukheli Sah RO Village- Mohammadpur PSDariyapur District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case No. 146 of 2024 dated 22.07.2024 registered for the offences punishable u/s 30(a), 32 (3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 303.120 litres of illicit foreign liquor was recovered from the Car.

4. Learned counsel for the petitioner has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.69764 of 2024(2) dt.25-09-2024 2/2 alleged recovery. The petitioners are not the owner of the said seized vehicle. The petitioner no. 1 is driver and the petitioner no. 2 is co-driver of the said car. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has clean antecedent as stated in supplementary affidavit. The petitioners are in custody since 22.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sadar Excise P.S. Case No. 146 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T