Mahesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2219 of 2019 Arising Out of PS. Case No.-642 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Mahesh Manjhi, Male, Age 28 years, Son of Sukhdev Bhuiya, Resident of Village -Nagar, P.S.- Hunterganj, Dist- Chatarta (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr. Manoj Kumar (App 168) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.11.2018 in a case registered for the offences punishable under Sections 30(d) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that from a tractor being driven by the petitioner, 875 Kgs. of Mahua flower were recovered.

It is submitted by learned counsel for the petitioner that Mahua flower is being used for the purpose of feeding the cattle. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from the tractor, which was being driven by the petitioner.

Patna High Court Cr.Misc. No.2219 of 2019(2) dt.17-01-2019 2/2 Considering the nature of recovery and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Bodhgaya P.S. Case No. 642 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T