Manoj Manjhi @ Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9158 of 2020 Arising Out of PS. Case No.-241 Year-2019 Thana- AWTARNAGAR District- Saran ====================================================== MANOJ MANJHI @ MANOJ PASWAN Son of Late Yogendra Manjhi Resident of Village - Jhauwa, P.S.- Awtarnagar, Dsit.- Saran. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 188, 272, 273 & 308 of the Indian Penal Code and Section 30, 30 (a) & 38 of the Bihar Prohibition and Excise Act, 2016. 20 liters of country made liquor is said to have been recovered from the house of one Gopal Manjhi. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner was not apprehended at the spot. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said

Patna High Court CR. MISC. No.9158 of 2020(2) dt.28-02-2020 2/2 liquor in the house. He has no criminal antecedent. Petitioner is agreed to deposit Rs.5,000.00 (Rupees FiveThousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No.35094613009 of the State Bank of India.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Saran at Chapra in connection with Awtarnagar P.S. Case No. 241of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T