Heera Manjhi @ Hira Lal Manjhi @ Hira Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78324 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Heera Manjhi @ Hira Lal Manjhi @ Hira Manjhi S/O Late Bunnilal Manjhi R/O Village- Lahaladpur, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Manjhagarh Police Station Case No. 104 of 2024, dated 13.04.2024, disclosing offence under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the Police raided the gumti of the petitioner and recovered 33 litres of illicit country-made liquor.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on suspicion and he has no concern with the gumti, from which illicit country-made liquor has been recovered. He further submits that the name of the petitioner has been

Patna High Court CR. MISC. No.78324 of 2024(2) dt.22-11-2024 2/2 disclosed by the local Chowkidar. He next submits that the petitioner is in custody since 06.09.2024, having no criminal antecedent.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is in custody since 06.09.2024, having no criminal antecedent and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 13th Additional Sessions Judge -cum- Special Judge, Excise Court No. 1, Gopalganj, in connection with Manjhagarh Police Station Case No. 104 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √