Patna High CourtCR. MISC./10300/2019disposed

Shambhu Manjhi v. The State Of Bihar

2019-02-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10300 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== SHAMBHU MANJHI Son of Late Lagan Manjhi Resident of Bahadurpur Mushahari, Quarter, Rajendra Nagar, Road No.-13 (B), P.S.- Bahadurpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajendra Nath Pandey For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bahadurpur P.S. Case No. 322 of 2018 Special Case No. 10552 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioner is of recovery of 5.25 litres of foreign liquor from his possession. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. Petitioner has criminal antecedent on which he is on bail and he is in custody since 15.01.2019.

Patna High Court Cr.Misc. No.10300 of 2019(2) dt.20-02-2019 2/2 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 Special Judge, (Excise), Patna, in connection with Bahadurpur P.S. Case No. 322 of 2018 Special Case No. 10552 of 2018 subject to the conditions that:-

(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 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

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