Patna High CourtCR. MISC./49729/2018bail granted

Arjun Manjhi @ Arjun Bhuiya v. The State Of Bihar

2018-08-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49729 of 2018 Arising Out of PS.Case No. -416 Year- 2018 Thana -BARACHATTI District- GAYA ====================================================== Arjun Manjhi @ Arjun Bhuiya, S/o. Bishun Manjhi, R/o. Village- Haraiya, P.S.- Barachati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

40 liters of country made liquor is said to have been recovered from the motorcycle of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit

Patna High Court Cr.Misc. No.49729 of 2018 (2) dt.13-08-2018 2/2 managed to escape dumping the aforesaid liquor there seeing the police personnel. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 22.06.2018.

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 Special Judge Excise Act, Gaya in connection with Baracghati (Mohanpur) P.S. Case No. 416 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U