Allowed

Jai Prakash Manjhi v. The State of Bihar

Patna HC5 Aug 2022CR. MISC./27398/2022

Case brief

AI extract

What is this about?

This court granted bail to the petitioner accused of illegal liquor manufacturing under the Bihar Prohibition and Excise Act. The release order noted that liquor was recovered from his house rather than personal custody and the charge-sheet was submitted.

What did the court decide?

The petitioner is directed to be released on bail on a bond of Rs. 10,000/- with two sureties of the like amount.

Jai Prakash Manjhi Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27398 of 2022

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Arising Out of PS. Case No.-17 Year-2022 Thana- KINJAR District- Jehanabad

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======================================================

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JAI PRAKASH MANJHI S/o Prasad Manjhi R/o village- Hotalpur, P.S.Kinjar, District- Arwal

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

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ORAL ORDER

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2 05-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Kinjar P.S. Case No. 17 of 2022 registered for the offence under Section 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2018.

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The accused/petitioner is named in the F.I.R. and is in custody since 01.04.2022.

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The allegation against the petitioner is to be engaged

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Patna High Court CR. MISC. No.27398 of 2022(2) dt.05-08-2022 2/3

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in illegal trading/manufacturing of illicit liquor, where, there is recovery of 05 litres country made liquor and 100 litres of semi prepared country made liquor from the house of the petitioner.

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Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor is made from the house of the petitioner, and as such it cannot be said to be recovered from the conscious physical possession of the petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP, while opposing the prayer of bail, fairly conceded that alleged recovery is made from the house of the petitioner.

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Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kinjar P.S. Case No. 17 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

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Patna High Court CR. MISC. No.27398 of 2022(2) dt.05-08-2022 3/3

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Special Judge Excise Court No.II, Jehanabad/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

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(Chandra Shekhar Jha, J)

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R.S.Sen/- U T

Jai Prakash Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jai Prakash Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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