Anda Manjhi @ Bhagwan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34354 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- PATAHI District- East Champaran ====================================================== 1.

Anda Manjhi @ Bhagwan Manjhi S/o Bhola Manjhi @ Bhola Mahto R/o village- Nonpharwa, P.S.- Patahi, Distt.- East Champaran 2.

Raghunath Manjhi S/o Late Babulal Manjhi R/o village- Nonpharwa, P.S.- Patahi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsels for the petitioners and the State.

The petitioner no.1 is languishing in custody since 02.04.2019 and petitioner no.2 is languishing in custody since 27.03.2019 in a case registered for the offences punishable under Sections 30(a) and 37(d)of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the house of petitioner no.1, 20 litres country made liquor and from the house of petitioner no.2, 10 litres of country made liquor were recovered. It is further alleged that from the back of the house of the petitioners, 100 litres of fermented country made liquor were recovered, which

Patna High Court CR. MISC. No.34354 of 2019(2) dt.27-05-2019 2/2 were destroyed by the police.

It is submitted by learned counsel for the petitioners that recovery has not been made from the conscious physical possession of the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are also made accused in one other case of similar nature.

Learned APP submits that recovery has been made from the house of the petitioners.

Considering the nature of accusation and period under custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Motihari in connection with Patahi P.S. Case No. 69 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T