Sodhar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11486 of 2022 Arising Out of PS. Case No.-316 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Sodhar Manjhi, Son of Late Banke Manjhi, R/o Village- Rasanpur, P.S.- Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of 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 Warisaliganj P.S. Case No. 316 of 2021 registered for the alleged offences under Sections 30 (a) and 41 of the Bihar Prohibition and Excise Act, 2016. Allegedly, the petitioner and co-accused persons were carrying 38 liter of country made Mahua liquor and the petitioner was apprehended from the spot, while co-accused fled away.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11486 of 2022(2) dt.01-07-2022 2/2 nothing has been recovered from the person/possession of the petitioner and he was not arrested from the spot. The petitioner is in custody since 06.08.2021 and is having clean antecedent. Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the period of custody, 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 Exclusive Special Excise Court No. 2, Nawada in connection with Warisaliganj P.S. Case No. 316 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.

(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) V.K.Pandey/- U T