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Patna High CourtCR. MISC./9790/2020bail granted

Chhotelal @ Shiv @ Shiv Manjhi v. The State Of Bihar

2020-02-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9790 of 2020 Arising Out of PS. Case No.-473 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Chhotelal @ Shiv @ Shiv Manjhi Son of Durga Manjhi Resident of Village - Vijay Hata, P.S.- Siwan Muffasil, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Muffasil (Mahadeva) P.S. Case No.473 of 2019 registered under Sections 272 and 273 of the Indian Penal Code besides Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, when the informant along with other police personnel reached near the clinic of Dr. Shankar Singh, then saw two persons coming having bag in their hand, who, on seeing the police jeep, started to flee away throwing their bag. However, on chase, they were caught hold, who disclosed their name as Chhotelal alias Shiv Manjhi (petitioner) and Arman Ali. From the bag,

Patna High Court CR. MISC. No.9790 of 2020(2) dt.28-02-2020 2/2 which was thrown by the petitioner, 48 bottles, each containing 180 ml. liquor, and from the bag, which was thrown by Arman Ali, 10 bottles, each containing 180 ml. liquor, were recovered. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is accused in three other cases of similar nature, as detailed in paragraph-3 to this application, due to that reason, the police got implicated the petitioner in the present case. The petitioner is in custody since 13.12.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Swian, in connection with Siwan Muffasil (Mahadeva) P.S. Case No.473 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T