Mithun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52615 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Mithun Manjhi, S/o Ramjalan Manjhi @ Ram Janam Manjhi, R/o Village Khiriyama, P.S.-Magadh Medical, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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 30(a)(c) and 38(1)(2) of the Bihar Prohibition and Excise Act, 2016.

5 litres of country made liquor, 40 Kg of Kismis, some pots and brewing machine are said to have been recovered from the house of the petitioner and the petitioner managed to escape.

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 either with the seized articles or any activity of brewing liquor. He

Patna High Court Cr.Misc. No.52615 of 2018 (2) dt.27-08-2018 2/2 has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said articles in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 06.07.2018. 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, Gaya in connection with Magadh Medical P.S. Case No. 265 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T