Manoj Prasad @ Manoj Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79285 of 2023 Arising Out of PS. Case No.-396 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== MANOJ PRASAD @ MANOJ KUSHWAHA Son of Brij Kishor Prasad Resident of Village - Balua Rampurwa, Police Station - Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, the petitioner was apprehended on the spot with motorcycle bearing registration No. BR22BA-0692 and from the said motorcycle total 29.100 liters illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.79285 of 2023(2) dt.08-12-2023 2/2 case by the police mechanism. He has no concern with the alleged recovery of liquor. The registered owner of the alleged vehicle is Sandhya Devi who is the wife of petitioner and the said vehicle is not stolen article. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 18.09.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-1, Bettiah, West Champaran in connection with Nautan P.S. Case No.396 of 2023. (Sunil Kumar Panwar, J) lata/- U T