Rajdeo Manjhi @ Rajdeo Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72438 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- SIRDALA District- Nawada ====================================================== Rajdeo Manjhi @ Rajdeo Bhuiyan S/o Hemraj Manjhi R/o Village- Kewal, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 30(c) and 41 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 250 litres of liquor along with 1400 litres of fermented Jawa Mahua from a place near a forest. 4.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated

Patna High Court CR. MISC. No.72438 of 2024(2) dt.07-10-2024 2/2 at the instance of Chowkidar with whom he is on an inimical term and is in custody since 16.08.2024. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sirdalla P.S. Case No. 492 of 2023.

(Satyavrat Verma, J) Rishabh/- U T