Bhikhari Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19230 of 2020 Arising Out of PS. Case No.-401 Year-2019 Thana- MASHRAK District- Saran ====================================================== BHIKHARI MANJHI Son of Thakur Manjhi Resident of Village - Chand Kudariya, P.S.- Mashrakh, Dist.- Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-06-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Mashrakh P.S. Case No.401 of 2019 registered under Sections 272, 273 of the Indian Penal Code and Sections 30, 30(a), 38 and 41 of Bihar Prohibition and Excise Act.

The police raided a place on secret inputs. The petitioner had hidden liquor in a lonely place. The raid was conducted. 175 liters of spirit was recovered from the spot. The learned counsel for the petitioner submits that the petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. Petitioner has falsely been implicated in the case on mere suspicion of the police officials. Nobody has seen the petitioner keeping the spirit in a lonely place. Petitioner is in jail since

Patna High Court CR. MISC. No.19230 of 2020(2) dt.08-06-2020 2/2 13.03.2020. Petitioner has already remained in jail for about three months.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise Act, Saran at Chapra in connection with Mashrakh P.S. Case No.401 of 2019. (Prabhat Kumar Jha, J) Saurabh/- U T