Patna High CourtCR. MISC./46457/2023bail granted

Shyam Bihari @ Bihari Manjhi v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46457 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Shyam Bihari @ Bihari Manjhi, S/O- Rambabu Manjhi Mohalla- Neharu Naagar Ps- Patliputra Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a)/ 34 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 221 litres of liquor found behind the house of Jitan Manjhi.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a hut, which does not belong to the petitioner and he came to be implicated by nearby people, but then, the

Patna High Court CR. MISC. No.46457 of 2023(2) dt.24-07-2023 2/2 F.I.R. does not disclose the name of the person, who disclosed the name of the petitioner.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Special Case No.2684 of 2022 arising out of Gardanibagh P. S. Case No.272 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T