Patna High CourtCR. MISC./25715/2020bail granted

Sunil Manjhi v. The State Of Bihar

2020-09-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25715 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- PARAIYA District- Gaya ====================================================== Sunil Manjhi Son of Mahadev Manjhi Resident of Village - Dhansira, P.S. - Paraiya, Dist. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. A number of defects have been pointed out by the stamp reporter. Learned counsel for the petitioner is directed to remove the same within four weeks of normal functioning of the Court being restored.

The instant application for regular bail has been filed by the petitioner in connection with Paraiya P.S. Case no. 68 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a raid being conducted the petitioner was arrested and 8 litres of Mahua liquor was recovered from the Bathan.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.25715 of 2020(2) dt.28-09-2020 2/2 that the allegation as levelled in the F.I.R. are false and concocted. No recovery of any incriminating article has taken place. Even accepting the allegation made in the F.I.R., it is submitted that the Bathan is an open place accessible to all. The petitioner has no criminal antecedent and is in custody since 23.4.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the quantity of recovery, the petitioner being in custody since 23.4.2020 and having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Paraiya P.S. Case no. 68 of 2020 on furnishing bail bond of Rs.10,000/ with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise Act), Gaya.

(Partha Sarthy, J) Bibhash/- U T