Suresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28603 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Suresh Manjhi son of Jhakhad Manjhi, resident of village - Deruapur Musahari Tola, Police Station - Gopalpur, District - West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 47/51 of the Bihar Excise Amendment Act, 2016.

Near about 9 liter 300 ml. Nepali liquor is said to have been recovered from the house of the petitioner for which petitioner is being prosecuted for the offences punishable under Sections 47, 51 of Bihar Excise Amendment Act, 2016, which has already been declared ultravires by a Division Bench of this Court. Moreover, petitioner is in jail custody since 19.5.2016 and does not have any criminal antecedent.

Patna High Court Cr.Misc. No.28603 of 2016 (3) dt.03-10-2016 2/2 Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, Bettiah, District- West Champaran in connection with Gopalpur P.S. Case No.40 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T