Jitu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5404 of 2024 Arising Out of PS. Case No.-364 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== JITU MANJHI S/O- LATE RAM PRASAD MANJHI R/O- MOH- PURVI UNTTA, PS- JEHANABAD, DIST- JEHANABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 364/2019 lodged on 14.05.2019 under Section 30(a) Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the recovery of 70 liters of illicit wine is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made from the conscious physical possession of the petitioner, rather it has been made from a public place as mentioned in the seizure list which does not belong to the petitioner. The petitioner is in custody since 17.11.2023 and is accused in one more criminal case in which

Patna High Court CR. MISC. No.5404 of 2024(2) dt.07-02-2024 2/2 he is on bail. Moreover, the chargesheet has already been submitted.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court No.II, Jehanabad, in connection with Jehanabad P.S. Case No. 364/2019, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T