Bhagirath Majhi @ Bhagirath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36317 of 2021 Arising Out of PS. Case No.-471 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

BHAGIRATH MAJHI @ BHAGIRATH MANJHI SON OF LATE MAHESHWAR MANJHI Resident of Village- Balara Ward No.3, P.S.- Malangwa, Balara, District- Sarlahi (Nepal) 2.

Shatrughan Manjhi @ Shatrughan Majhi Son of Pahadi Majhi @ Sri Pahari Manjhi Resident of Village- Balara Ward No.3, P.S.- Malangwa, Balara, District- Sarlahi (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with C2 Case No. 471 of 2020, registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 108 liters of illicit liquor from the co-accused persons

Patna High Court CR. MISC. No.36317 of 2021(2) dt.14-12-2021 2/3 including the petitioners herein.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 30.12.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials as available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-Cum-Special

Patna High Court CR. MISC. No.36317 of 2021(2) dt.14-12-2021 3/3 Judge (Excise Act), Sitamarhi in connection with C2 Case No. 471/2020.

(Mohit Kumar Shah, J) Ajay/- U T