In a bail application, the High Court of Patna refused bail to the petitioner arrested for attempting to manufacture prohibited liquor. The court held that despite the petitioner's claim of mere presence, the nature and gravity of the offence precluded bail.
The petition for bail was dismissed. The petitioner remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32861 of 2016
Arising Out of PS. Case No. -74 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Shiv Chandra Manjhi @ Belwa Son of Jamun Manjhi Resident of village - Baburban, P.S. Parihar, District - Sitamarhi .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 18-08-2016 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 31.05.2016 in connection with Bela P.S. Case No. 74 of 2016 for the offences alleged under Section 272/273 of the Indian Penal Code and Section 47 (A) of the Excise Act.
(Vikash Jain, J) B.T/-Ibrar
U T
3 issues framed by the court
Whether the petitioner can be granted bail in the offence of attempting to manufacture prohibited liquor.
Whether being merely a passenger at the spot of recovery warrants bail.
Whether the gravity of offence warrants refusal of bail.
3 provisions across 2 enactments
Shiv Chandra Manjhi @ Belwa
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
