Majindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35458 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -AWTARNAGAR District- SARAN ======================================================

1. Majindra Manjhi Son of Dukhharan Manjhi Resident of VillageMuroudpur, P.S Awatar, Nagar, Dist Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kishore Singh For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-09-2016 Heard the Counsel for the petitioner and Mr. M. Dayal, APP for the State.

Petitioner is facing prosecution under Section 47 of the Excise Act vide Awtar Nagar P.S. Case No. 113 of 2016. On information given by the Excise Department, the informant went to the house of the petitioner and recovered five litres of country made liquor from his house. Seeing the Police, it is alleged that the petitioner managed to escape. Contention of the petitioner is that actually the liquor was recovered from the nearby temple but the recovery was shown from the house of the petitioner at the behest of persons inimical to the petitioner. Recovery was not from his conscious possession.

Patna High Court Cr.Misc. No.35458 of 2016 (2) dt.17-09-2016 2/2 Learned APP opposed the prayer and contended that the allegation is of recovery of 5 litres of country made liquor from the house inasmuch as seeing the police the petitioner fled away.

Looking to the allegation and the materials placed on record, I do not think it a fit case for grant of bail. Prayer is rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T