Mantu Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45796 of 2018 ====================================================== Mantu Manjhi, Son of Late Ram Pravesh Manjhi, resident of villageMakarpur, P.S.- Makhdumpur, Dist.- Jehanabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ranjeet Kumar, Adv. For the Opposite Party : Smt. Pronati Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a) and (d) of the Bihar Prohibition and Excise Act, 2016.
100 liters of country made liquor and 400 kgs. of fermented Mahua is said to have been recovered from the half built 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 the conscious physical possession of the petitioner. He has no concern with the seized liquor. There is violation of Section 100 Cr.P.C. The house of the petitioner is half built and even the ceiling has not been laid and door etc. has not been fixed in the said house. The said
Patna High Court Cr.Misc. No.45796 of 2018 (02) dt.27-07-2018 - 2 - house is open one and easily accessible to anyone. He had no knowledge of keeping the said liquor in the said house. He has been falsely implicated in this case by calling him by the police at the place of occurrence on recovery of the liquor from his house. He has no criminal antecedent and has been languishing in custody since 25.06.2018.
In the facts and circumstances of the case, 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 Additional Sessions Judge-II, Jehanabad in connection with Excise Case No. 611 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T