Suresh Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35266 of 2018 ======================================================
1. Suresh Manjhi son of Kishun Manjhi
2. Vishwakarma Manjhi son of Kamlesh Manji, Both resident of VillageTiskhora Musahari, P.S. Naubatpur, District Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.
40 litres of country made liquor is said to have been recovered from the hut of the petitioner no.1 Suresh Manjhi while 30 litres of country made liquor was recovered from the hut of petitioner no.2 Vishwakarma Manjhi and the petitioners were apprehended.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no
Patna High Court Cr.Misc. No.35266 of 2018 (2) dt.28-06-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their hut. Seizure list does not bear the signature of the petitioners. They have no criminal antecedent. They have been languishing in custody since 29.03.2018.
Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Naubatpur P.S. Case No. 134 of 2018 / Special Case No. 2866 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T