Patna High CourtCR. MISC./53250/2018bail granted

Balma Manjhi @ Balam Manjhi v. The State Of Bihar

2018-08-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53250 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -BEUR District- PATNA ====================================================== Balma Manjhi @ Balam Manjhi S/o Rameshwar Manjhi, R/o Beur, Mushahari, P.S.- Beur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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 Sections 30(a), 37 (b) of the Bihar Prohibition and Excise Act, 2016.

52 litres of country made liquor is said to have been recovered from behind house of the petitioner. 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 either with the seized liquor or with the place of recovery or any trade of liquor. The place of recovery is open place and easily accessible to anyone and he had no knowledge of keeping of liquor

Patna High Court Cr.Misc. No.53250 of 2018 (2) dt.29-08-2018 2/2 there. He has been falsely implicated in the case. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 14.07.2018. Considering the facts aforesaid, 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, Patna, in connection with Beur P.S. Case No. 195 of 2018, Special Case No. 6138 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U