Prabhu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81094 of 2023 Arising Out of PS. Case No.-643 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== PRABHU MANJHI S/O LATE DEVI MANJHI R/O VILLAGEYADAVPUR, P.S- DARIYAPUR, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 54 liters of illegal foreign liquor from a Pick-up Van and other vehicles also.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern with the seized wine in question. He further submitted that one pick-up van seized by the police and son of the petitioner is the owner of the

Patna High Court CR. MISC. No.81094 of 2023(2) dt.15-12-2023 2/2 said vehicle and he is not aware about the incident. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Additional Sessions Judge 2nd-cumSpecial Judge, Exclusive Excise Act, Saran at Chapra in connection with Dariyapur P.S. Case No. 643 of 2023. (Sunil Kumar Panwar, J) Arish/- U T