Munna Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6566 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== MUNNA MANJHI Son of Baban Manjhi Resident of Village- Bakhraur Pachpatiya, P.O. - Kahla, P.S. - Barauli, District - Gopalganj, PIN CODE - 841406 (BIhar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Srivastava For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Barauli P.S. Case No. 65 of 2021 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

Allegedly from the Courtyard of this petitioner 5 liters of illicit mahua liquor and 25 litres of Molasses were recovered along with some utensils for manufacturing of the same.

Patna High Court CR. MISC. No.6566 of 2022(2) dt.08-07-2022 2/3 Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. Recovery has not been made even from the house of the petitioner though it is joint house. Recovery has been shown to be made outside of the house. Further, charge sheet has been submitted in this case and the petitioner is in custody since 28.11.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Having regard to the submissions made hereinabove and considering the fact that recovery of 5 litres of illicit mahua liquor and 25 liters of mahua mixture and the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, IInd, Gopalganj in connection with Barauli P.S. Case No. 65 of 2021, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.6566 of 2022(2) dt.08-07-2022 3/3 (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T