Jitesh Manjhi, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25140 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== 1.
JITESH MANJHI, S/O Bali Manjhi, R/O Village- Daddy, P.S. Jehanabad, District- Jehanabad.
2.
Varun Manjhi, S/O Ganauri Manjhi, R/o Village Bahadurpur Housing Colony, P.S. Agamkuan, District- Patna, Bihar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajeet Singh, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in Agamkuan P.S. Case No.209 of 2019 (Special Case No.2252 of 2019) instituted for the offence under Section(s) 272, 273 Indian Penal Code and Sections 30(a), 37(a) (b) (c) of Bihar Prohibition and Excise Act, 2016.
It is alleged in the written report that petitioner no.1 was arrested while he was found in drunken condition which was confirmed through breath analyzer test. As per seizure list, petitioner No.1 and other accused were selling 40 litres Mahua liquor. Petitioner No.2 was also arrested in drunken condition
Patna High Court CR. MISC. No.25140 of 2019(2) dt.22-04-2019 2/2 which was confirmed during breathe analyzer test. He was caught selling 20 litres Mahua liquor with other accused persons. Approximately 100 gallon half made and 20 gallon full made Mahua liquor was also recovered from three different locations.
In this manner, there is no specific recovery from conscious possession of the petitioners, who are in custody since 01.03.2019 having clean antecedents.
In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Agamkuan P.S. Case No.209 of 2019 (Special Case No.2252 of 2019), subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) J. Alam/- U T