Laxmi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3440 of 2018 Arising Out of PS.Case No. -481 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Laxmi Manjhi, Son of Late Chandeshwar Manjhi, Resident of VillageRampur Dakhin Tola, P.S.- Gaura O.P. (Marhowrah) District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Marhowra Police Station Case No. 481 of 2017 registered for the offences under sections 272, 273, 308 of the Indian Penal Code and sections 30 (A)/38/41 of the Bihar Prohibition and Excise Act, 2016.

It has been submitted that nothing has been recovered from the possession of the petitioner. The alleged recovery of 17 litres country-made liquor kept under the bundle of maize was recovered from a field which is far away from the residential house of the petitioner. Further submission is that the petitioner has been implicated in this case at the instance of local Mukhiya

Patna High Court Cr.Misc. No.3440 of 2018 (2) dt.02-02-2018 2/3 who is at inimical terms with this petitioner. The petitioner has clean antecedent.

The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Special Court, Excise Act, Saran at Chapra in connection with Marhowrah Police Station Case No. 481 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C.

Patna High Court Cr.Misc. No.3440 of 2018 (2) dt.02-02-2018 3/3 involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T