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Patna High CourtCR. MISC./60446/2018bail granted

Jamun Manjhi v. The State Of Bihar

2018-10-06Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60446 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Jamun Manjhi aged about 29 Years S/o Late Mallu Manjhi, R/o Vill.- Chipura Kala, Mushhari, P.S.- Gaurichak, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Birendra Singh, Adv.

For the Opposite Party/s :

Mr. Md. Ansarul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Birendra Singh, learned counsel for the petitioner and Mr. Md. Ansarul Haque, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Gauri Chak P.S. Case No. 39 of 2018 registered for the offence under Section 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that petitioner is having clean antecedent. It has been further argued that nothing was recovered from conscious possession of the petitioner, rather in this case, recovery was shown from a field, not belonging to the petitioner

Patna High Court Cr.Misc. No.60446 of 2018(2) dt.06-10-2018 2/2 and there was recovery of about 12 litre of Mahua wine. Considering the fact that petitioner is having clean antecedent as well as the fact that nothing was recovered from the conscious possession of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Jamun Manjhi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Gauri Chak P.S. Case No. 39 of 2018 (Spl. Case No. 1525 of 2018), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T