Allowed¶22

Manoj Kumar @ Manoj Prasad v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./20844/2024

Case brief

AI extract

What is this about?

Bail; Bihar Prohibition and Excise Act, 2018 Sections 30A, 41(i), 37; recovery of 1000 litre spirit; pick-up vehicle Regd. No. BR-01-GK-3740; Pipra P.S. Case No. 19 of 2024; District East Champaran; judicial custody since 20.01.2024; no criminal antecedent; bail bonds Rs.10,000/- with two sureties; Section 100 Cr.P.C. compliance argument raised by counsel; Patna High Court; Rudra Prakash Mishra, J.; CRIMINAL MISCELLANEOUS No.20844 of 2024.

What did the court decide?

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Pipra P.S. Case No. 19 of 2024. ¶22

Manoj Kumar @ Manoj Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20844 of 2024

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Arising Out of PS. Case No.-19 Year-2024 Thana- PIPRA District- East Champaran

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======================================================

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Manoj Kumar @ Manoj Prasad S/o Late Bindo Mahto R/o vill - Ambari, P.s. - Shekhopur Sarai, Distt. - Shekhpura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ritesh Kumar, Adv. For the Opposite Party/s : Mr.Yogendra Kumar, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 18-03-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Pipra P.S. Case No. 19 of 2024 instituted for the offences under Section 30A, 41(i), 37 of the Bihar Prohibition and Excise Act, 2018.

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As per prosecution case, the police, on receipt of secret information, recovered 1000 litre spirit from the pick-up vehicle bearing Regd. No. BR-01-GK-3740.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to personal grudge. He further submits that nothing

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Patna High Court CR. MISC. No.20844 of 2024(2) dt.18-03-2024 2/2

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incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized spirit. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 20.01.2024.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Pipra P.S. Case No. 19 of 2024.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Manoj Kumar @ Manoj Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Kumar @ Manoj Prasad v. The State of Bihar

Case brief

What is this about?

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What the court decided

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