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Patna High CourtCR. MISC./85041/2023allowed

Karu Manjhi v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85041 of 2023 Arising Out of PS. Case No.-862 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== Karu Manjhi Son Of Devi Manjhi R/O Village- Dariyapur, P.S.- Barahiya, Dist.- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 37 of the Bihar Prohibition and Excise Act.

As per allegation in F.I.R., petitioner was apprehended in drunken state.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner is sick persons and he is undr homeopathic treatment and at the time of arrest, he has taken homeopathic medicine.

Patna High Court CR. MISC. No.85041 of 2023(2) dt.09-01-2024 2/2 Nothing incriminating has been recovered from his conscious possession. Moreover, petitioner is languishing in judicial custody since 27.10.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

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 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 Session Judge V-cum-Exclusive Special Court II, Excise Act, Lakhisarai in connection with Lakhisarai Excise P.S. Case No. 862 C2 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T