Binod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20620 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== BINOD MANJHI, SON OF LATE HARI MANJHI, RESIDENT OF VILLAGE- SIDHWALIYA, P.S. SIDHWALIYA, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 45 litres of country liquor was recovered from the possession of Manoj Manjhi who is stated to have named the petitioner, his brother, in his confessional statement before the police.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. The only material against him is the confessional statement of the co-accused made before the police. He is in

Patna High Court CR. MISC. No.20620 of 2021(2) dt.09-09-2021 2/2 custody since 6.1.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody for more than 8 months, the petitioner is directed to be enlarged on bail in connection with Mohammadpur P.S. Case no. 275 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge II - cum - Special Judge, Excise, Gopalganj.

(Partha Sarthy, J) Spd/- U T