Patna High CourtCR. MISC./599/2017bail granted

Langad Manjhi v. The State Of Bihar

2017-01-11Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.599 of 2017 Arising Out of PS.Case No. -265 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Langad Manjhi, Son of Late Iner Manjhi, Resident of village - Rampurwa, Police Station Majhauliya, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr.Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner, who is in custody, seeks bail in connection with Majhauliya P.S.Case No. 265 of 2016 registered under Section 47(a) of the Bihar Excise (Amendment) Act, 2016. Prosecution case, in brief, is that the petitioner was making Mahua liquor in his hut and 05 litres of Mahua liquor and 100 litres of molasses were recovered besides two utensils. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and further submits that the copy of the seizure list was not given to the petitioner though he was said to be apprehended at the spot, which makes the seizure list tainted and the petitioner has got no any criminal antecedent of this nature earlier, except one case lodged

Patna High Court Cr.Misc. No.599 of 2017 (2) dt.11-01-2017 2/2 by a co-villager under Sections 307/379 and other allied sections of the Indian Penal Code and he has been in custody in this case since 25.09.2016.

Considering the aforementioned facts and circumstances of the case, recovery of small volume of liquor as well as copy of seizure list not given to the petitioner, he is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 265 of 2016.

(Arun Kumar, J) Sujit/- U