Chandeshwar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82989 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Chandeshwar Manjhi, son of Lakhi Manjhi Resident of Village - Atarsuaa, P.S.- Sarai O.P., Distt.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) and 41 (i) of the Bihar Prohibition and Excise Act, 2016. 25.920 liters of foreign liquor is said to have been dumped by the petitioner and co-accused Ajay Chaudhary from the motorcycle and made good their 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 concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemy. No offence under

Patna High Court CR. MISC. No.82989 of 2019(2) dt.16-12-2019 2/2 Excise Act has been made out against the petitioner. He has no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Siwan in connection with Pachrukhi (Sarai) P.S. Case No. 273 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T