Patna High CourtCR. MISC./7565/2022bail granted

Umashankar Manjhi v. The State Of Bihar

2022-05-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7565 of 2022 Arising Out of PS. Case No.-726 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

UMASHANKAR MANJHI S/o Late Vishwanath Manjhi R/o villageChanchoura, P.S.- Muffasil, District- Saran at Chapra 2.

Pappu Ram S/o Harendra Ram R/o village- Chanchoura, P.S.- Muffasil, District- Saran at Chapra ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Chapra Town (Nagar) P.S. Case No. 726 of 2021, registered for the offences punishable under Sections 30(A), 41 (i) (ii), 47 of Bihar Prohibition and Excise (Amendment) Act, 2018. As per allegation, 300 litres of illicit liquor was recovered from a tempo to which petitioner No. 1 is driver and petitioner No. 2 is his associate.

Learned counsel for the petitioners has submitted that the petitioners are the persons of clean antecedents and they are

Patna High Court CR. MISC. No.7565 of 2022(2) dt.26-05-2022 2/2 under custody since 20.12.2021.

Considering the clean antecedents as well as the period of detention, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Court, Saran at Chhapra in connection with Chhapra Town P.S. Case No. 726 of 2021, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (ii) At the time of furnishing bail bond, the petitioners shall file an affidavit to the effect that they shall not indulge themselves in future in the similar type of offence.

If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.