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Patna High CourtCR. MISC./44/2018bail granted

Binod Manjhi v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -WAJIRGANJ District- GAYA ====================================================== Binod Manjhi son of Late Latan Manjhi @ Lato Manjhi resident of village - Naudiha Khurd, P.S. Wazirganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Wazirganj P.S. Case No. 131 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Amendment Act, 2016. The allegation is regarding recovery of 35 liters of illicit Mahua liquor from a field and subsequently on the basis of secret information received by the Police, the complicity of the petitioner has transpired in the present case.

The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the petitioner has been apprehended form the spot. It is submitted that the petitioner has a clean antecedent and

Patna High Court Cr.Misc. No.44 of 2018 (2) dt.18-01-2018 2/2 he is in custody since 03.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Wazirganj P.S. Case No. 131 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T