Dinesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13475 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- MAINATAND District- West Champaran ====================================================== DINESH MANJHI Son of Dukhi Manjhi Resident of Village - Mainatand Mushar Toli, Ward No. 5 , P.S.- Mainatand, Distt - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7 For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 18.10.2018 in connection with Mainatand P.S. Case No. 121 of 2018 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, as lodged by the police personnel, is that on secret information that the petitioner has concealed illicit liquor in his house, the police conducted a raid and from near the door of the house 25.200 litres of Nepali Sophy wine was recovered. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and
Patna High Court CR. MISC. No.13475 of 2019(2) dt.08-03-2019 2/2 charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses. He further submits that nothing has been recovered from his conscious possession nor from his house and due to dirty village politics illicit liquor was planted near the door of his house. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), West Champaran at Bettiah, in connection with Mainatand P.S. Case No. 121 of 2018. (Nilu Agrawal, J) Rajesh/- U T