Manjeet Ray @ Manjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81678 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== MANJEET RAY @ MANJEET KUMAR S/o Jagadeep Ray R/o villageLaxminarayanpur, Ward No.-13, P.S.- Tisiauta, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra Ojha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 41(i) and 41(ii) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 268.200 liters of foreign liquor loaded in a container is said to have recovered from a garage. He further submits that allegation against the petitioner is that he along with other co-accused managed to ran away from the place of occurrence. He submits that petitioner is the owner of the garage, therefore, he has been made accused in this
Patna High Court CR. MISC. No.81678 of 2023(2) dt.22-12-2023 2/3 case. He further submits that there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), Central Bank of India, Chitkohra Branch.
5. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Prohibition & Excise Mahua Anumandal Thana Case No. 58 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any
Patna High Court CR. MISC. No.81678 of 2023(2) dt.22-12-2023 3/3 similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) ajay/- U T