Gulbadan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26190 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- NAUTAN District- Siwan ====================================================== GULBADAN MANJHI, aged about 22 years, Male, Son of late Kamani Manjhi Resident of Village - Gambhirpur, P.S.- Nautan, Distt - Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandra Kant, Adv.

For the Opposite Party :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-05-2019 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 27.03.2019 in connection with Nautan P.S. Case No. 77 of 2018 for the offences alleged under Sections 272, 273 and 308/34 of the Indian Penal Code and under Sections 30(A), 38(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on information that the petitioner along with others are trading in illicit liquor in the orchard of one Khedan Sah and Rati Nath Sharma, the police conducted a raid and four persons managed to flee away. On search, in the orchard 135 liters of country made liquor was recovered. 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 on account of village rivalry. He submits that the petitioner has been made

Patna High Court CR. MISC. No.26190 of 2019(2) dt.09-05-2019 2/2 accused only on suspicion, nothing has been recovered from his conscious possession neither from orchard of the petitioner. However, the learned Additional Public Prosecutor for 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 coupled with the fact that nothing was recovered from the possession of the petitioner, 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 Nautan P.S. Case No. 77 of 2018 to the satisfaction of the learned Additional District Judge, II, Siwan, 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