Patna High CourtCR. MISC./68032/2023bail granted

Ajay Manjhi v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68032 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Ajay Manjhi Son of Raju Manjhi, Resident of Balua Tharhati, Bada Laguniya, Tola, - Balua Bariya, P.S. - Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks bail in connection with Paharpur P.S. Case No. 136 of 2023 (Trial No. 1038 of 2023) registered for the offence under Sections 304, 308, 328, 201, 34 of the Indian Penal Code and Sections 30(a), 34, 37, 41 of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, three persons had died after taking illicit liquor. The father of the petitioner had survived and from the petitioner 200 ML illicit liquor has been recovered.

4. Learned counsel for the petitioner submits that the petitioner's father himself consumed liquor with the deceased persons and the petitioner had bought liquor from the local suppliers. He further submits that the petitioner is not manufacturer of illicit liquor and he is in custody since

Patna High Court CR. MISC. No.68032 of 2023(2) dt.18-10-2023 2/2 23.04.2023 and has clean antecedent.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the period of custody and the recovery of liquor, this application for regular bail is allowed.

7. 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 Exclusive Special Excise Court No.-I, East Champaran, Motihari in connection with Paharpur P.S. Case No. 136 of 2023 (Trial No. 1038 of 2023).

(Sandeep Kumar, J) Guddu/- U T