Vishal Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72487 of 2022 Arising Out of PS. Case No.-387 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Vishal Kumar Manjhi Son Of Nathuni Manjhi Resident Of Village- Balahata, P.S.- Uchkagaon, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 387 of 2022 dated 06.11.2022 lodged under Sections 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohbition and Excise Act, 2016. As per the prosecution case, total recovery of 330.84 liter of wine has been made from a car bearing Registration no. BR01-FM-2286, which is the subject matter of the present case. The petitioner has been apprehended from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.72487 of 2022(7) dt.05-06-2023 2/2 submits that petitioner is in custody since 07.11.2022 having five criminal cases pending against him, in which he is on bail in all the five cases. Counsel also submits that charge has also been framed in this case. Counsel further submits that a coaccused has been granted bail by the Co-ordinate Bench of this Court vide order dated 26.04.2023 in Cr. Misc. No. 14034 of 2023.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Special Judge, Excise Court No.II, Gopalganj in connection with Mirganj P.S. Case No. 387 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T