Litiya @ Chote Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36443 of 2018 Arising Out of PS.Case No. -457 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================
1. Litiya @ Chote Manjhi, Son of Nagagu Manjhi, Resident of Present Bhawar Pokhar, P.S.- Pirbahore, District- Patna, Permanent AddressVillage- Manpura, P.S.- Budha Colony, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
60 liters of country made liquor is said to have been recovered from the possession of co-accused, namely, Sukhu Singh who disclosed the name of the petitioner as purchaser of the liquor.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the
Patna High Court Cr.Misc. No.36443 of 2018 (04) dt.30-07-2018 seized liquor. He has been falsely implicated in this case by the apprehended co-accused due to animosity. Barring the disclosure of the said co-accused, there is nothing on record to indicate the complicity of the petitioner in the occurrence. He has no criminal antecedent and has been languishing in custody since 14.03.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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, Patna in connection with Pirbahore P.S. Case No. 457 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T