Bharat Manjhi @ Bhrat Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31076 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== BHARAT MANJHI @ BHRAT MANJHI Son of Late Shyamlal Manjhi Resident of Village- Khriyawan Bhuetoli, P.S.- Magadh Medical, DistrictGaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Excise Case No. 88 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the prosecution report, is that a total quantity of 60.03 litres of illicit liquor was recovered from a room, under the Water Tank, which was under the custody of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Excise Officials. He next submits that the alleged illicit liquor has been

Patna High Court CR. MISC. No.31076 of 2021(2) dt.10-12-2021 2/2 recovered from a room, situated under a Water Tank, constructed by the Government, under the Jal-Nal Yojana and the same was accessible to general public also. He next submits that the petitioner is in custody since 07.03.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 07.03.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, Bharat Manjhi @ Bhrat Manjhi, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Gaya, in connection with Excise Case No. 88 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √