Patna High CourtCR. MISC./88663/2024bail granted

Manish Kumar v. The State Of Bihar

2025-01-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88663 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- EXCISE PATORI District- Samastipur ====================================================== Manish Kumar Son of Manoj Sah @ Manoj Kumar Resident of VillageBhagwanpur Chaksekhu, Ward No. 03, P.S.- Dalsingsarai, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patori P.S. Case No. 121 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 122.580 litres of liquor has been recovered from abandoned house.

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 an abandoned place. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody

Patna High Court CR. MISC. No.88663 of 2024(2) dt.08-01-2025 2/2 since 27.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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 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 Patori P.S. Case No. 121 of 2024 .

(Rudra Prakash Mishra, J) Alok Verma/- U T