Lalji Manjhi @ Lalji Manji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68080 of 2022 Arising Out of PS. Case No.-324 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== LALJI MANJHI @ LALJI MANJI S/o Late Manki Manjhi R/v- Kumhrar Mushari, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dayashanker Pandey, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Agamkuan PS case no. 324 of 2022 instituted for the offences punishable under Sections 30(a), 36, 41 of Bihar Prohibition and Excise (Amendment) Act.

The allegation is regarding recovery of 103 liters of illicit wine from the petitioner.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 30.04.2022. The learned counsel for the petitioner has further submitted that recovery of illicit liquor has not been made from the petitioner but from near the place where he was

Patna High Court CR. MISC. No.68080 of 2022(2) dt.08-02-2023 2/2 standing, hence the petitioner is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein apart from the fact that he is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge Excise, Patna City, Patna in connection with Agamkuan PS case no. 324 of 2022. (Mohit Kumar Shah, J) rinkee/- U T