Sakindar Manjhi @ Sakindar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74965 of 2018 Arising Out of PS. Case No.-573 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Sakindar Manjhi @ Sakindar Mandal, Son of Jhalkhan Manjhi, Resident of Village-Jay Prakash Nagar, Pokhra Par, P.S.- Dobhi, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mrs. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the house of the petitioner, 15 liters of country made mahua liquor was seized. It is submitted by learned counsel for the petitioner that seizure has been made from the joint family house and the mahua is being used for feeding of the cattle. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that recovery has been made from

Patna High Court Cr.Misc. No.74965 of 2018(2) dt.11-01-2019 2/2 the house of the petitioner.

Considering the fact that recovery has been made from the joint family house of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 573 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T