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Patna High CourtCR. MISC./70579/2019bail granted

Arun Manjhi v. The State Of Bihar

2019-12-04Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70579 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Arun Manjhi Son of Dhuni Manjhi @ Dhurandhar Manjhi Resident of Village- Shivrahiyan, P.S.- Garkha, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Excise P.S. Case No. 174 of 2019 registered for the offence punishable under Section 30 (a) of Bihar Prohibition & Excise Act-2016. 878.400 lts. of foreign liquor is said to have been recovered from the house of the petitioner and petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The house in question is hailing to the father of the petitioner and petitioner does not reside in the said house

Patna High Court CR. MISC. No.70579 of 2019(2) dt.04-12-2019 2/2 rather in some other house after separation from his father. Petitioner has been falsely implicated in this case by the police merely because he failed to oblige their illegal demand of graft. Petitioner has no criminal antecedent and has been languishing in custody since 20.08.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-XI-cum-Special Judge, Excise, Saran at Chapra in connection with Excise P.S. Case No. 174 of 2019. (Prakash Chandra Jaiswal, J) rohit/- U T