Patna High CourtCR. MISC./73515/2024bail granted

Manu Kumar @ Monu Kumar v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73515 of 2024 Arising Out of PS. Case No.-366 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Manu Kumar @ Monu Kumar Son of Chunmun Prasad @ Chunmun Rawat R/O-Village- Dhobwal, P.S.- Baniyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 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 Baniyapur P.S. Case No. 366/2024 dated 09.08.2024 registered for the offences punishable u/s 30(a), 32(1), 32(2), 32(3), 38, 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 28.080 litres of illicit foreign liquor was recovered from the new house of the co-accused Viresh Kumar and total 190.080 litres of illicit liquor was recovered from two cartoon kept on the verandah of the new house of the co-accused Viresh Kumar. One motorcycle was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.73515 of 2024(2) dt.08-10-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.08.2024.

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, Saran, Chapra in connection with Baniyapur P.S. Case No. 366/2024.

7. The application stands allowed.

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