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Patna High CourtCR. MISC./10479/2018bail granted

Munni Manjhi And ANR v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10479 of 2018 Arising Out of PS.Case No. -193 Year- 2017 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Munni Manjhi, S/o Late Bishun Manjhi,

2. Upendra Manjhi @ Gummar Manjhi S/o Kullu Manjhi, Both R/o Village- Taradih, P.S.- Raushanganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Raushanganj P.S. Case No.193 of 2017 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition (Amendment) Act, 2016.

The allegation is regarding recovery of 10 litres of illicit liquor from the banks of a river.

The learned counsel for the petitioners submits that neither any recovery has been effected from the conscious possession of the petitioners nor from their house. It is further submitted that the petitioners are having clean antecedent.

Patna High Court Cr.Misc. No.10479 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in connection with Raushanganj P.S. Case No.193 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T