Binod Manjhi @ Kuman Manjhi @ Vinod Manjhi @ Kaman Manjhi @ Maman Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63901 of 2022 Arising Out of PS. Case No.-403 Year-2021 Thana- GAURICHAK District- Patna ====================================================== Binod Manjhi @ Kuman Manjhi @ Vinod Manjhi @ Kaman Manjhi @ Maman Manjhi Son Of Manju Manjhi R/O Village - Chipura Khurd, Musahari, P.S.- Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Gaurichak P.S. Case No. 403 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 03.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 100 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of

Patna High Court CR. MISC. No.63901 of 2022(2) dt.09-12-2022 2/2 confidential input and, admittedly, recovery of illicit liquor was not made from physical possession of this petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gaurichak P.S. Case No. 403 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise, Patna City, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T