Chhotelal Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76398 of 2019 Arising Out of PS. Case No.-306 Year-2019 Thana- BHORE District- Gopalganj ====================================================== CHHOTELAL MANJHI Son of Mahavir Manjhi Resident of VillageSrinagar, Tola Dhusha, Police Station - Phulwaria, District - Gopalganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a)/35/38 of the Bihar Prohibition and Excise Act, 2016.
66.600 litres of country made liquor is said to have been recovered from the motorcycle and the petitioner was apprehended while the driver Sachin Kumar managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no
Patna High Court CR. MISC. No.76398 of 2019(2) dt.12-12-2019 2/2 concern either with the seized liquor or with the vehicle in question or with any trade of liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid motorcycle and liquor kept on it seeing the police party. Petitioner has no criminal antecedent and has been languishing in custody since 18.09.2019.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to 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 learned Additional Sessions Judge-I-cum-Special Judge, Excise, Gopalganj in connection with Bhorey P.S. Case No.306 of 2019. (Prakash Chandra Jaiswal, J) amit/- U T