Ramesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24682 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Ramesh Manjhi, Son of Late Ram Tahal Manjhi, Resident of Village- Chanpi, P.S.- Sherghati, P.O. Srirampur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhusudan Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sherghati P.S. Case no. 153 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act2016. 30 lts. of country made liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended.

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 from where the aforesaid liquor is

Patna High Court Cr.Misc. No.24682 of 2018(2) dt.01-05-2018 2/2 said to have been recovered, is inhabited by several other family members of the petitioner and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 22.03.2018. The provision of 100 Cr.P.C. has not been complied at the time of making seizure.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Sherghati P.S. Case no. 153 of 2018 .

(Prakash Chandra Jaiswal, J) rohit/- U T