Uma Shankar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25210 of 2017 Arising Out of PS.Case No. -17 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Uma Shankar Manjhi son of Prasad Manjhi resident of village - Dhangartoli Patahi, Police Station - Bairgania, District - Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. C2-17/2015 registered under Section 47(a) of the Excise Act.

It would be evident from the prosecution report that the alleged incident occurred on 30th September, 2015 whereas the new act, i.e. Bihar Prohibition and Excise Act, 2016 came into force with effect from 2nd October, 2016. It is well settled in law that a penal law making the offence more stringent cannot have retrospective effect.

Patna High Court Cr.Misc. No.25210 of 2017 (2) dt.01-07-2017 2/3 Apparently, the learned In-charge Additional Sessions Judge-II, Siwan has erred in law while rejecting the application for grant of pre-arrest bail of the petitioner vide order dated 13.04.2017 passed in C2-17/2015. He has rejected the application of the petitioner on the ground that in view of subsection (2) of Section 76 of Bihar Prohibition and Excise Act, 2016, the application under Section 438 of the Code of Criminal Procedure would not be maintainable.

In that view of the matter, impugned order dated 13.04.2017 cannot be sustained. Accordingly, it is set aside. Considering the fact that the recovery of incriminating articles is alleged to have been made on 30.09.2015, but the prosecution report was sent to the court on 07.12.2015, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. C2-17/2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of his arrest or surrender before the court below within six weeks from today.

The Registry is directed to transmit a copy of the

Patna High Court Cr.Misc. No.25210 of 2017 (2) dt.01-07-2017 3/3 order to the learned Additional Sessions Judge-II, Siwan for perusal.

(Ashwani Kumar Singh, J.) Kanchan/- U T