Dharmendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35234 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== DHARMENDRA MANJHI Son of Lalbabu Manjhi Resident of VillageAthmuhan, P.S.- Jharokhar, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 12.3.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 63 litres of illicit Nepalese liqour was recovered from two bags.

It is submitted by learned counsel for the petitioner that on the basis of suspicion, the petitioner has been maliciously framed in the present case. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that recovery of illicit liquor has

Patna High Court CR. MISC. No.35234 of 2019(2) dt.29-05-2019 2/2 been made from the possession of the petitioner. Considering the nature of recovery, the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 172 of 2019.

(Dinesh Kumar Singh, J) anil/- U