Benga Manjhi @ Maheshwar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30086 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -NAUBATPUR District- PATNA ====================================================== Benga Manjhi @ Maheshwar Manjhi, Son of Saryug Manjhi, Resident of Village- Alipur, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

6 litres of country made liquor and 9 gallon raw material are said to have been recovered from the house of the petitioner.

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 concern with the seized article. He was not apprehended on the spot. He has been falsely implicated in the case at the instance of his

Patna High Court Cr.Misc. No.30086 of 2018 (3) dt.24-05-2018 2/2 enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the aforesaid article in his house. He has no criminal antecedent. He has been languishing in custody since 31.01.2018.

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 Special Judge, Excise Act, Patna in connection with Naubatpur P.S. Case No. 85 of 2017 / Special Case No. 943 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T