Surendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38748 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Surendra Manjhi, Son of Babloo Manjhi, Resident of Village- Bandhua Shanti Nagar, P.S.- Muffasil, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

100 liters of country made liquor is said to have been recovered from the two bags and one gallon in course of unloading the same from a train at platform no.3 of Gaya Railway Station by the petitioner and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the police merely on suspicion while he was returning back from

Patna High Court Cr.Misc. No.38748 of 2018 (02) dt.03-07-2018 - 2 - Koderma. He has no criminal antecedent and has been languishing in custody since 08.05.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Special Judge Excise, Gaya in connection with Gaya Rail P.S. Case No. 113 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T