Patna High CourtCR. MISC./74300/2019bail granted

Binda Manjhi v. The State Of Bihar

2019-12-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74300 of 2019 Arising Out of PS. Case No.-623 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Binda Manjhi, aged about 34 years, male, Son of Mahavir Manjhi, Resident of Village - Jamheta, P.S.- Fatehpur, Distt. - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 The petitioner seeks bail in anticipation of his arrest in connection with Fatehpur Excise P.S. Case No. 623 of 2019, dated 24.09.2019, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

20 litres of country made liquor is said to have been recovered from a bush and the petitioner is stated to be the owner of the aforesaid consignment of liquor. This fact appears to have been stated to the police by the local persons in whose presence, the recovery is said to have been made.

The petitioner is a person of clean antecedents.

Patna High Court CR. MISC. No.74300 of 2019(2) dt.11-12-2019 2/2 Considering the aforenoted two aspects of the matter, it appears that the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 is not made out.

The petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Fatehpur P.S. Case No. 623 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T