Sarjan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4424 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== Sarjan Manjhi Son Of Jamuna Manjhi R/V- Hemda, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== 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 filed the instant application for grant of regular bail in connection with Warisaliganj P.S. Case No. 175 of 2022 registered under sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1760.04 liters of Indian made foreign liquor from the abandoned house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity. It is further submitted that the name of the petitioner came in the F.I.R. on the basis of disclosure made by local chowkidaar before the

Patna High Court CR. MISC. No.4424 of 2023(2) dt.05-04-2023 2/2 police. It is also submitted that the petitioner has no concern with the seized liquor and the seizure list as alleged has been prepared in the absence of this petitioner. In fact, the petitioner was not residing in the said house as he has been living in Ludhiana since long, and he was no knowledge about the instant occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 14.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Warisaliganj P.S. Case No. 175 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-2nd, Nawada.

(Sunil Kumar Panwar, J) shubham/- U T