Patna High CourtCR. MISC./52008/2018bail granted

Rajesh Manjhi v. The State Of Bihar

2018-08-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52008 of 2018 Arising Out of PS. Case No.-112 Year-2018 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Rajesh Manjhi, S/o Saryu Manjhi, R/o Village-Kendui Bhui Toli (Near Gyan deep School), P.S. Magadh Medical, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Magadh Medical P.S. Case No. 112 of 2018 registered for the offence punishable under Section 30 (a) of Bihar Prohibition Excise Act, 2018.

55 lts. of country made liquor is said to have been recovered from the house of the petitioner while 45 lts. of country made liquor from beside his house.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.52008 of 2018(2) dt.24-08-2018 2/2 instance of his enemy. The house of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of liquor in the house and 45 lts. of country made liquor is said to have been recovered from outside his house, which is an open place. He was not apprehended on the spot. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 06.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Gaya in connection with Magadh Medical P.S. Case No. 112 of 2018.

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