Sanju Manjhi @ Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41437 of 2022 Arising Out of PS. Case No.-453 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== SANJU MANJHI @ SANJAY MANJHI S/o Late Vakil Manjhi Resident of Ashiyana Digha, Morya Path Mushahari, P.S.- Shastrinagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Shastrinagar P.S. Case No. 453 of 2021 registered for the offence under Section 30(a), 30(c), 32(a) and 36 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 07.02.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 78 litres of IMFL/country made liquor from the alleged hut. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the hut, which

Patna High Court CR. MISC. No.41437 of 2022(2) dt.27-08-2022 2/2 is not connected in any manner with the petitioner. It is further submitted that the name of the petitioner surfaced on the basis of apprehended co-accused and admittedly, the recovery was not made from physical possession of the petitioner. It has been submitted that investigation is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Shastrinagar P.S. Case No. 453 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge- Excise, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T