Patna High CourtCR. MISC./85872/2023allowed

Manoj Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85872 of 2023 Arising Out of PS. Case No.-783 Year-2022 Thana- FATUA District- Patna ====================================================== Manoj Kumar Son Of Late Poshan Rai R/O Village- Raghunathpur Ward No.14, P.S.- Bhargama, District- Araria Mallickpur, P.S.- Fatehpur, DistrictVaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Allegation against the petitioner is of recovery of 50 liters of illicit Mahua liquor.

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 present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been

Patna High Court CR. MISC. No.85872 of 2023(2) dt.11-01-2024 2/2 recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 16.10.2023.

5. Learned APP appearing for the State has vehemently 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 released on bail in connection with Fatuha P.S. Case No. 783 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise at Patna City.

(Sunil Kumar Panwar, J) Amandeep/- U T