Shambhu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12805 of 2018 Arising Out of PS. Case No.-261 Year-2017 Thana- BARHARIA District- Siwan ====================================================== Shambhu Manjhi, S/o Baban Manjhi, Resident of Village- Akopur Chak, Parshuram, P.S.-Mahadewa, Dist- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumar Abhimanyu Pratap For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barharia P.S. Case no. 261of 2017 registered under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 35(A), 35(B), 36 of Bihar Excise Prohibition Act-2016.

211.200 lts. of country made liquor is said to have been recovered from the house of the accused Nagendra Paswan and the petitioner is said to be supplier of the said liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner is not named in the FIR. He has been falsely implicated in the case at the instance of his enemy.

Patna High Court Cr.Misc. No.12805 of 2018(2) dt.07-03-2018 2/2 He was not apprehended on the spot and has no concern either with the seized liquor or with any trade of liquor. Though, one more case under Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 11.12.2017.

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 Additional Sessions Judge-II-cum-Special Excise Judge, Siwan in connection with Barharia P.S. Case no. 261of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T