Gulli Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72354 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== 1.

GULLI MANJHI S/O LATE MOTI MANJHI VILLAGE- DEVRA, PS. TANKUPPA, DIST. GAYA 2.

BIHARI MANJHI S/O GULLI MANJHI VILLAGE- DEVRA, PS. TANKUPPA, DIST. GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 200 litres of country made mahua liquor from an open space where petitioner abandoned muddy house was situated and petitioner was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The place of

Patna High Court CR. MISC. No.72354 of 2023(2) dt.09-11-2023 2/2 occurrence, is open area, which is easily accessible to public. Provision of Section 100 Cr.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 11.8.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Excise Court No. 2, Gaya in connection with Tankuppa P.S. Case No. 150 of 2023.

(Sunil Kumar Panwar, J) sushma/- U