Sanjay Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.9690 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- SAKURABAD District- Jehanabad ====================================================== SANJAY MANJHI S/O Nageshwar Manjhi Resident of Village - Sikandarpur, P.S. - Shakurabad, District - Jehanabad.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking anticipatory bail in connection with Shakurabad P.S. Case No. 108 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.
Learned counsel for the petitioner submits that the alleged recovery of illicit liquor has been made from a joint family house and the seizure list witnesses are the members of the raiding team and the petitioner was not present at the time of raid. It is submitted that the petitioner has no criminal
Patna High Court CR. MISC. No.9690 of 2020(2) dt.11-06-2020 2/3 antecedent.
Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the alleged illicit liquor has been shown to be recovered from a house which is a joint family house and the petitioner was not present at the time of raid conducted in a joint family house as also that the seizure list witnesses are the members of the raiding party and there is no other material to connect the petitioner in this case and he has no criminal antecedent as well, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Shakurabad P.S. Case No. 108 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - II - cum Special Judge (Excise Act), Jehanabad, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
Patna High Court CR. MISC. No.9690 of 2020(2) dt.11-06-2020 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.
(Rajeev Ranjan Prasad, J) avin/-rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.