Mukesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4045 of 2023 Arising Out of PS. Case No.-391 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== MUKESH MANJHI Son of Late Ram Ratan Manjhi R/v- Mahadeva, Ward No. 16, P.S.- Mahadeva OP, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No. 391 of 2019 dated 17.10.2019 registered for the offence under Sections 272 and 273of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 33.30 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. and the seizure list that altogether 33.30 liters of foreign liquor have been recovered from the house of the petitioner. He, however, submits that in fact nothing has been recovered from the house

Patna High Court CR. MISC. No.4045 of 2023(2) dt.26-04-2023 2/3 or conscious possession of the petitioner. He further submits that petitioner has not been apprehended from the spot and there is non-compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 01.08.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries ten more cases of similar nature other than the present one out of which he has been allowed bail in two cases.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II -cumSpecial Excise Court-2, Siwan in connection with Siwan Muffasil (Mahadev O.P.) P.S. Case No. 391 of 2019 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.4045 of 2023(2) dt.26-04-2023 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T