Patna High CourtCR. MISC./67782/2023bail granted

Manoj Kumar v. The State Of Bihar

2023-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67782 of 2023 Arising Out of PS. Case No.-1350 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Manoj Kumar S/O- Lalan Ray R/O- Village- Sabalpur, P.S.- Nadi, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Prohibition (Excise) Patna P.S. Case No. 1350 of 2023 dated 23.08.2023 registered for the offences punishable u/ss 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner and the co-accused persons were apprehended by the police personnel. On search, 55 litres of illicit chulai liquor was recovered from the side of the road.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.67782 of 2023(2) dt.18-10-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.08.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Prohibition (Excise) Patna P.S. Case No. 1350 of 2023.

7. The application stands allowed.

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