Dinesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25988 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== DINESH MANJHI, aged 55 years, Male, Son of Sukhari Manjhi Resident of Village-Parsa Khurd, P.S-Kanhauli, District-Sitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 17.02.2019 in connection with Case No. C2 72/19 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The allegation upon the petitioner is that the Sashastra Seema Bal officials apprehended the petitioner with 25 liters of Nepali Saufi wine. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that the petitioner is languishing in judicial custody since more than two months and has been sufficiently punished. However, the learned Additional Public Prosecutor for

Patna High Court CR. MISC. No.25988 of 2019(2) dt.03-05-2019 2/2 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 paragraph 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 Case No. C2 72/19 to the satisfaction of the learned Additional District Judge II-cumSpecial Judge, Excise Act, Sitamarhi, or the successor Court, subject to the condition 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) Shamshad/- U T