Munna Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41706 of 2018 Arising Out of PS.Case No. -138 Year- 2018 Thana -PARSABAZAR District- PATNA ======================================================

1. Munna Manjhi, Son of Nagina Manjhi.

2. Tunnu Manjhi, Son of Ram Peyare Manjhi, Both are resident of VillageChihut, Police Station- Parsa Bazar in the District of Patna. .... .... Petitioners.

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

21 liters of country made liquor is said to have been recovered from the possession of the each of the petitioners and they were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in this case at the instance of their enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.41706 of 2018 (2) dt.12-07-2018 2 /2 from their possession. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 20.05.2018.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 4753 of 2018 arising out of Parsa Bazar P.S. Case No. 138 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/Sanjeev U T