Sita Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18101 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== SITA MANJHI, aged about 68 years, Male, son Late Bishun Manjhi @ Durgi Manjhi, Resident of Village- Belahi, P.S. M.M.C.H., Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer has alleged that on 14.03.2018 at about 16:30 hours he received a secret information that petitioner along with other co-caused are manufacturing country made mahua liquor and are selling the same thereafter he reached the place of occurrence and from the house of the petitioner about 90 liters country made liquor was recovered.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.18101 of 2019(3) dt.03-04-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. Nothing has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 05.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Magadh Medical P.S. Case No. 53 of 2018 (G.R. No. 1648 of 2018), subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.18101 of 2019(3) dt.03-04-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T