Sanju Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13690 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== SANJU MANJHI Son of Late Mathura Manjhi Resident of village - Budhgereya, P.S.- Wazirganj, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 30(b) & 45 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 15 liters country made liquor from Kanaudi village and the petitioner is said to be fled away from the place of occurrence who was identified by local Chaukidar.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating

Patna High Court CR. MISC. No.13690 of 2023(2) dt.26-04-2023 2/2 article has been recovered from conscious possession of the petitioner rather his name came into light on the basis of disclosure made by local Chaukidar. It is further submitted that the seizure list witness are police official not a single independent witness which violates the provision Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 12.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 17 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T