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Patna High CourtCR. MISC./79389/2024bail granted

Pramod Manjhi v. The State Of Bihar

2024-11-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79389 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- BARARI District- Bhagalpur ====================================================== 1.

Pramod Manjhi Son of Late Nago Manjhi Village- Lagma PS -Kharagpur Distt- Munger At P/A- Residing at House colony Musahari Tola, Barari, psBarari, Dist- Bhagalpur 2.

Vikram Manjhi son of Bicchu Musahar Residing at House colony Musahari Tola, Barari, ps- Barari, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Barari P.S. Case No. 101 of 2024 instituted for the offences under Sections 30(a) 30(D) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 50 litres of liquor from dilapidated house.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.79389 of 2024(2) dt.13-11-2024 2/2 submitted that there is no concern of any of the petitioners with regard to the dilapidated house where the liquor had been recovered. The petitioners are in custody since 08.09.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barari P.S. Case No. 101 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T