Anil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36026 of 2020 Arising Out of PS. Case No.-265 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== Anil Manjhi, S/o Dinesh Manjhi R/o Village- Dhabdhabwa, P.S.- Adapur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.-III For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-01-2021 Heard the learned counsel for the parties.

The petitioner, who is in custody since 28.08.2020, seeks bail in connection with Adapur P. S. Case No. 265 of 2019 dated 20.10.2019, instituted for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that 139.200 litres of liquor was recovered from a public building and against the petitioner and two others, it has been alleged that the liquor belongs to them. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.36026 of 2020(2) dt.27-01-2021 2/2 submitted that the recovery has wrongly been shown in the name of the petitioner.

It has further been submitted that the recovery is from a public place which is accessible to all and sundry.

Regard being had to the afore-stated facts and the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge under Excise Act, East Champaran, Motihari, in connection with Adapur P. S. Case No. 265 of 2019.

The petition stands allowed.

(Ashutosh Kumar, J) skm/- U T