Ganesh Manjhi @ Manoj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78701 of 2019 Arising Out of PS. Case No.-931 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

GANESH MANJHI @ MANOJ MANJHI Son of Om Prakash Manjhi Resident of Village - Chedi Tola, P.S.- Phulwari Sharif, Distt.- Patna. 2.

Ranjit Manjhi Son of Rajeshvar Manjhi Resident of Village - Chedi Tola, P.S.- Phulwari Sharif, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-12-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Phulwari Sharif P.S. Case No. 931 of 2019/Special Case No. 9018 of 2019 dated 09.10.2019 instituted for the offences under Section 30(a) of the Bihar Excise Prohibition Act, 2016. On secret information that a Scorpio vehicle is being used for transporting liquor unauthorizedly, the aforesaid vehicle was intercepted and huge quantity of liquor is said to have been recovered. It appears that from the neighbourhood, the police party learnt the name of the petitioners and others.

Learned counsel for the petitioners has

Patna High Court CR. MISC. No.78701 of 2019(2) dt.03-12-2019 2/2 submitted that they have clean antecedents and the accusation against them is only on hearsay information of some of the villagers who have definite axe to grind against the petitioners. It has thus been submitted that the offence under the Excise Act is not made out against the petitioners.

Regard being had to the aforestated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Phulwari Sharif P.S. Case No. 931 of 2019/Special Case No. 9018 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T