Raj Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71901 of 2022 Arising Out of PS. Case No.-962 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAJ KUMAR MANJHI Son of Mahendra Manjhi R/V- Manika, Bishunpur Chand, P.S- Mushahari Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Excise P.S. Case No. 962 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 100 liters of illicit fermented toddy from the place of occurrence and the petitioner was arrested from the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.71901 of 2022(2) dt.09-02-2023 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 19.9.2022. The learned counsel for the petitioner has further submitted that the place from where the illicit liquor has been recovered does not belong to the petitioner and he was passing by the said place, whereupon he has been falsely implicated in the present case. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.71901 of 2022(2) dt.09-02-2023 3/3 satisfaction of learned Exclusive Special Judge (Excise) Court No. II, Muzaffarpur in connection with Muzaffarpur Excise P.S. Case No. 962 of 2022. (Mohit Kumar Shah, J) Ajay/- U T