Patna High CourtCR. MISC./5173/2020bail granted

Rambrij Manjhi v. The State Of Bihar

2020-03-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5173 of 2020 Arising Out of PS. Case No.-362 Year-2019 Thana- AMNAUR District- Saran ====================================================== RAMBRIJ MANJHI Son of Lt. Sugriv Manjhi Resident of Village-Rasulpur (Mura), P.S-Amnour, District-Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Amnour P.S. Case No. 362 of 2019 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, Saran.

According to the prosecution case itself, it is alleged that recovery was made from a bush and the aforesaid bush was in front of new house of the petitioner. Admittedly, nothing has been recovered from the house of the petitioner. Therefore, in the aforesaid circumstance, in my view, no prima facie case appears to be made out against the petitioner for the offences of Bihar Prohibition and Excise Act 2018.

Patna High Court CR. MISC. No.5173 of 2020(2) dt.03-03-2020 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let above named, petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Session Judge-II cum special Judge, Excise Act Saran in Amnour P.S. Case No.362 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T