Nammi Manjhi @ Navni Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42660 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- KHAGAUL District- Patna ====================================================== Nammi Manjhi @ Navni Manjhi Son Of Late Bharat Manjhi VillageNavratanpur Mushahari Ps- Khagaul Dist- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindu Kumari, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Khagaul P.S. Case No.77 of 2023 registered on 14.02.2023 lodged under Section 30(a) Bihar Prohibition and Excise Act.

4. As per the prosecution case, recovery of 40 liter mahua wine is the subject matter of the present case.

5. Counsel for the petitioner submits that from the content of the F.I.R. it is very much clear that the said recovery has not been made from the possession of the petitioner rather it has been made from outside of his house.

6. Counsel further submits that petitioner is innocent

Patna High Court CR. MISC. No.42660 of 2023(2) dt.14-07-2023 2/2 and has committed no offence. He further submits that petitioner is in custody since 20.04.2023 having one criminal case pending against him, in which he is on bail and chargesheet has already been filed in this case.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Danapur, Patna in connection with Khagaul P.S. Case No.77 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T