Shrawan Manjhi @ Shravan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82586 of 2024 Arising Out of PS. Case No.-451 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Shrawan Manjhi @ Shravan Kumar S/o Rajendra Manjhi R/o Mohalla - Jiaulhaque Colony @ Jajiul Colony, Naya Tola, P.S. - Agamkuan, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Special Case No. 3515 of 2021 arising out of Agamkuan P.S. Case No. 451 of 2021 instituted for the offences punishable under Sections 30(a), 36 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 20 litres of liquor has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family
Patna High Court CR. MISC. No.82586 of 2024(2) dt.04-12-2024 2/2 members of the petitioner also reside. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 05.08.2024 and has fifteen criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 3515 of 2021 arising out of Agamkuan P.S. Case No. 451 of 2021.
(Rudra Prakash Mishra, J) Alok Verma/- U T