Vishwa Mohan Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53801 of 2016 Arising Out of PS.Case No. -94 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ======================================================

1. Vishwa Mohan Marandi S/o Late Anjun Marandi, Resident of VillageTinknonwa, Ward No. 11, P.S. Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with C-94(7) of 2016 under Murliganj Police Station instituted for the offences punishable under Section 61 of Bihar Excise (Amendment) Act, 2016.

The informant of this case is ASI. As per the First Information Report, a raiding team was constituted on the direction of the S.P. & Excise Superintendent. While proceeding to conduct raid at the house of co-accused Jitan Marmu, this petitioner allegedly protest and caused obstruction to the raiding party. It is further alleged that this petitioner and co-accused Jitan Marmu were engaged in business of illicit country made liquor.

Patna High Court Cr.Misc. No.53801 of 2016 (2) dt.14-12-2016 2/2 It has been submitted on behalf of the petitioner that on account of local politics he has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is incarcerating in jail custody since 10.09.2016 having no criminal antecedent. The learned APP for the State has opposed the prayer of bail of the petitioner.

Considering the fact that nothing has been recovered from conscious possession of the petitioner and there is omnibus and general allegation made against him, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with C-94(7) of 2016 under Murliganj Police Station subject to the condition that: (i) One of the bailors shall be his own/close family member.

(ii) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Sanjay Kumar, J) rohit/- U T