Munna Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36743 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- DANIYAWAN District- Patna ====================================================== MUNNA MANJHI, aged about 25 years, Male, Son of Umesh Manjhi, Resident of Village - Daniyanwa, P.S.- Daniyanwa, Distt - Patna ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Kameshwar Singh, Adv.

For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-06-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 04.04.2019 in connection with Daniyanwa P.S. Case No. 42 of 2019, Special Case No. 2805 of 2019 for the offence alleged under Sections 30(a)(c) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that 5 liters of mahua wine and some semi manufactured mahua wine was recovered from the open field near the house of the petitioner. It is alleged that the petitioner along with others were engaged in manufacturing of mahua wine. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing

Patna High Court CR. MISC. No.36743 of 2019(2) dt.18-06-2019 2/2 has been recovered from his house or from his conscious possession and the petitioner is languishing in judicial custody since nearly three months.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations, the period of judicial custody and the materials on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Daniyanwa P.S. Case No. 42 of 2019, Special Case No. 2805 of 2019 to the satisfaction of the learned Special Judge, Excise Act, Patna, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U