Ganauri Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6966 of 2023 Arising Out of PS. Case No.-435 Year-2022 Thana- BEUR District- Patna ====================================================== GANAURI MANJHI Son of Sudeshwar Manjhi Resident of Harnichak, Mushari, P.S.- Beur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kameshwar Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Beur P.S. Case No. 435 of 2022, dated 27.08.2022 registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that in the instant matter altogether eight persons including the petitioner have been named in the FIR and as per the prosecution's allegation all the accused persons including the petitioner were found to be indulged in selling and drinking the illicit country-made wine but the said allegation is general and omnibus against all of them and petitioner was found simply in drunken condition when he was arrested and against

Patna High Court CR. MISC. No.6966 of 2023(3) dt.29-04-2023 2/2 him there is criminal antecedent of one case and in the present matter he has been languishing in jail since 28.08.2022 and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that the allegation of selling and drinking of the alleged wine is against eight accused persons including the petitioner but the same is not specific against the petitioner and as per seizure, alleged wine is stated to have been recovered before two police personnel who have been made witnesses of the said seizure and against the petitioner investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 concerned Court in connection with Beur P.S. Case No. 435 of 2022.

(Shailendra Singh, J.) maynaz/- U T