Patna High CourtCR. MISC./75785/2018bail granted

Lalu Manjhi v. The State Of Bihar

2018-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75785 of 2018 Arising Out of PS. Case No.-469 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Lalu Manjhi, Son of Dhunmun Manjhi alias Rajeshvar Manjhi, Resident of Village- Jadhawpur Bakhari, P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Section 30 (a) of Bihar Prohibition and Excise Act, 2016. It is submitted by the petitioner's counsel that having no criminal antecedent, petitioner is in custody since 21.09.2018. It is further submitted that the alleged recovery of 72 liters of Nepalese wine, attributed to the petitioner, is false. No such recovery has been made from his possession and that the seizure is contrary to the procedure prescribed under Section 100 of Criminal Procedure Code.

Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is

Patna High Court Cr.Misc. No.75785 of 2018(2) dt.17-12-2018 2/2 allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Motihari, District - East Champaran in Excise Case No 469 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T