Patna High CourtCR. MISC./61170/2017bail granted

Chhote Lal Manjhi And ORS v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61170 of 2017 Arising Out of PS.Case No. -337 Year- 2017 Thana -GAYA RAIL P.S. District- GAYA ======================================================

1. Chhote Lal Manjhi, S/o Late Kishun Manjhi,

2. Adhnu Manjhi S/o Su... Manjhi,

3. Yogendra manjhi S/o Sadhu Manjhi, All Petitioner's R/o VillageBandhua Tola Jhumariya, P.S.- Muffasil, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Rail P.S. Case No.337 of 2017 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of various quantities of Mahua liquor from the petitioners while they were travelling on a train.

The learned counsel for the petitioners submits that the recovery has been made from beneath the seat of the birth of the train on which the petitioners were travelling. Hence, the

Patna High Court Cr.Misc. No.61170 of 2017 (2) dt.21-12-2017 2/2 recovery cannot be attributed to them. It is further submitted that the petitioners have got a clean antecedent and they are in custody since 09.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioners named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Rail P.S. Case No.337 of 2017.

(Mohit Kumar Shah, J) N.H./- U T