Suvindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11312 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Sheohar ====================================================== Suvindra Manjhi Son of Late Mahendra Manjhi Resident of Village-Kuama Bhuvi Tole, P.S. Piprahi, District-Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. SRI SHAILENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Case No. C2/29/ 2017 registered for the offence punishable under Sections 30(A) (2) of the Bihar Excise Act. The allegation is regarding recovery of 4 litres of illicit liquor from the hut of the petitioner.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that the provisions of Section 100 Cr.P.C. has not been followed while preparing the seizure list. The petitioner is said to be having a clean antecedent. Considering the nature of accusation and the fact that

Patna High Court Cr.Misc. No.11312 of 2018(2) dt.27-02-2018 2/2 prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Session Judge-cum-Special Judge, Sheohar in connection with C2/29/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T