Shankar Kumar @ Shankar Manjhi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shankar Kumar @ Shankar Manjhi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released 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 Gaurichak PS Case No. 583 of 2024.

Issue for consideration

Whether the petitioner, in custody in connection with Gaurichak PS Case No. 583 of 2024 instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act, should be granted bail.

Court's answer

Considering the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody undergone by the petitioner, the Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to 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 the Court below/concerned Court in connection with Gaurichak PS Case No. 583 of 2024.

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J), Criminal Miscellaneous No.80524 of 2024, oral order dated 20-11-2024: bail granted to Shankar Kumar @ Shankar Manjhi in connection with Gaurichak PS Case No. 583 of 2024, instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act, wherein total 50 litres of country made mahua wine was allegedly recovered from a motorcycle. Counsel contended the petitioner was falsely implicated, that nothing incriminating was recovered from his conscious possession, that the motorcycle did not belong to him, that he had been in custody since 16.10.2024 with no criminal antecedent, and that there was no compliance of Section 103 of B.N.S.S.; the A.P.P. opposed bail. Weighing the facts and circumstances, the clean antecedent of the petitioner and the period of custody undergone, the Court directed release 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 Gaurichak PS Case No. 583 of 2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80524 of 2024

Arising Out of PS. Case No.-583 Year-2024 Thana- GAURICHAK District- Patna

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

Shankar Kumar @ Shankar Manjhi S/o Badri Manjhi R/o village Gowai, P.S. - Naubatpur, district- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 20-11-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Gaurichak PS Case No. 583 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 50 litres of country made mahua wine was recovered from the motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner.

Patna High Court CR. MISC. No.80524 of 2024(2) dt.20-11-2024 2/2

The petitioner is in custody since 16.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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 Gaurichak PS Case No. 583 of 2024.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T