Sital Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2260 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Sital Manjhi S/O Jai Mangal Manjhi R/V- Chorma Dhangar Toli, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 272, 273 of the Indian Penal Code and Section 30(a), 30(c) of the Bihar Prohibition and Excise Act.

It is a case of recovery of country made liquor from this petitioner and other co-accused persons. With regard to present petitioner total recovery of five liter country made from the plastic gallon which was thrown by him and 200 liters of raw mixture of wine was recovered from the house of the petitioner which was destroyed by the police. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No. 2260 of 2023(2) dt.05-04-2023 2/2 falsely been implicated in this case. The petitioner has no concern with the alleged gallon containing 5 liters of liquor and it is further submitted that petitioner is neither the owner of the house from where 200 raw mixture recovered nor he was arrested on the spot. The petitioner is languishing in judicial custody since 28.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakaridayal P.S. Case No. 231 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No-2, Motihari, East Champaran. (Sunil Kumar Panwar, J) Manish/- U T