Patna High CourtCR. MISC./46562/2016bail granted

Kapil Manjhi v. The State Of Bihar

2016-10-25Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.46562 of 2016 (2) dt.25-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46562 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -KINJAR District- JEHANABAD ====================================================== Kapil Manjhi son of Chanarik Manjhi resident of village Aazadnagar PS Kinjer District Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 25.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 272, 273 of the Indian Penal Code and 47 of the Bihar Excise (Amendment) Act Act.

15 liters illegal liquor, 300 kg Jawa Mahua as well as other apparatus which were used in manufacturing illegal liquors were recovered from the house of the petitioner for which petitioner is in jail custody since 3.8.2016.

Submission on behalf of the petitioner is that learned Addl. Sessions Judge, while rejecting bail prayer of the petitioner, granted liberty to the petitioner to renew his prayer for bail, if trial of the petitioner is not concluded within two months from the first date of prosecution evidence but, as a matter of fact, there is no special court in Arwal distinct and trial of the petitioner has not commenced as yet. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.46562 of 2016 (2) dt.25-10-2016 submissions of the parties and also taking note of the fact that the petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in Kinjer P.S. Case no. 65/2016. shahid (Hemant Kumar Srivastava,J) U T