Banshi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22443 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- BHELDI District- Saran ====================================================== BANSHI MANJHI, aged about 32 years (Male) S/o- Badari Manjhi R/o village- Bheldi, P.S.- Bheldi, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Bheldi P.S.Case No.50 of 2019 for the offence alleged under Sections 272 and 273 of the Indian Penal Code and Sections 30 and 30(a) of the Bihar Excise Amendment Act,2016.

The prosecution case as lodged by the police personnel is that on information the maize field near the house of the petitioner was raided, petitioner tried to flee away but was apprehended. On search from the maize field 144 liters of Indian Foreign Liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, the

Patna High Court CR. MISC. No.22443 of 2019(2) dt.12-04-2019 2/2 illicit liquor was not recovered from the possession nor the house of the petitioner but from a open maize field and that the petitioner is languishing in judicial custody since 01.03.2019. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, 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 in connection with Bheldi P.S.Case No.50 of 2019 to the satisfaction of learned Additional District Judge-IX, Saran at Chapra, subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T