Badri Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41744 of 2018 Arising Out of PS.Case No. -140 Year- 2018 Thana -MALSALAMI District- PATNA ====================================================== Badri Manjhi, Son of Late Rajendra Manjhi, resident of MohallaMansurganj, P.S. Malsalami, Dist.- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) and 39(c) of the Bihar Prohibition and Excise Act, 2016.

25 litres of country made liquor is said to have been recovered from the drain and four persons were apprehended and apprehended accused persons disclosed the name of the petitioner as their accomplice.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.41744 of 2018 (2) dt.12-07-2018 2/2 either with the seized liquor or with the place of recovery or with any trade of liquor. He has been falsely implicated in the case by the apprehended accused persons due to animosity. Barring the aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. Though three more criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 16.04.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 3637 of 2018 arising out of Malsalami P.S. Case No. 140 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T