Nathuni Manjhi @ Nathu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14638 of 2019 Arising Out of PS. Case No.-19 Year-2005 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Nathuni Manjhi @ Nathu Manjhi (52 years (M), S/o Late Thakuri Manjhi village - Belwa Bahuari, P.S- Gaunaha, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Let the defect (s) as pointed out by the Stamp Reporter be ignored.

Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 47(a) of the Bihar Excise Act, 1915.

Informant has alleged that on 31.05.2005, during patrolling he raided the house of the petitioner and 760 litres country made liquor was recovered from his house and same was destroyed at the place of recovery.

It has been submitted on behalf of the petitioner that he was not apprehended on the spot and no illicit liquor has been shown to be recovered or seized from his possession.

Patna High Court CR. MISC. No.14638 of 2019(2) dt.11-03-2019 2/2 Petitioner has got no criminal antecedent and is in custody since 10.12.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.19 of 2005 (Trial No.319 of 2018), with following 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 properly 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 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

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