Kamta Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10584 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================
1. Kamta Manjhi S/o Late Kuldip Manjhi
2. Vinod Manjhi S/o Mahavir Manjhi Both Resident of Village Jhakra Bigha Bhuintoli, P.S. Paraiya, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Excise Case No.04 of 2018 registered for the offence punishable under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 5 litres of Mahua liquor and 240 kg of Jawa Mahua from the bank of a river which was found destroyed.
The learned counsel for the petitioners submits that neither any recovery has been effected from the possession of the petitioner nor from their house. It is further submitted that the
Patna High Court Cr.Misc. No.10584 of 2018 (2) dt.27-02-2018 2/2 petitioners are having clean antecedent.
Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the even of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Special Excise Judge, Gaya in connection with Excise Case No.04 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T