Patna High CourtCR. MISC./58013/2023allowed

Mithilesh Manjhi v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58013 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Mithilesh Manjhi S/O- Shyamdeo Manjhi R/O- Village- Seljwara. P.S.- Magadh University, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 37 of the Bihar Prohibition & Excise Act. There is recovery of 20 litres of illicit country made liquor from the house of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.58013 of 2023(4) dt.31-10-2023 2/2 petitioner has no concern with the illicit liquor. The petitioner is languishing in custody since 12.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gaya in connection with Magadh University P.S. Case No. 236 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T