Raju Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34064 of 2022 Arising Out of PS. Case No.-269 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

RAJU MANJHI Son of Chandrama Manjhi Resident of Village - Ram Nagar, P.s.- Chapra Muffasil, Distt.- Saran (Chapra). 2.

Sanjay Manjhi Son of Chandarma Manjhi Resident of Village - Ram Nagar, P.s.- Chapra Muffasil, Distt.- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Chapra Muffasil P.S. Case No. 269 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioners are named in the F.I.R. and are in custody since 09.05.2022.

The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.34064 of 2022(2) dt.12-08-2022 2/2 recovery of 90 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor is made from the open place, where nothing recovered from the conscious physical possession of the petitioners. It is submitted that investigation is complete, where charge-sheet has been submitted. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioners coupled with the fact that charge-sheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Chapra Muffasil P.S. Case No. 269 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge, Excise, Saran, Chapra/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T