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Patna High CourtCR. MISC./21863/2021allowed

Saguni Manjhi v. The State Of Bihar

2021-07-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21863 of 2021 Arising Out of PS. Case No.-610 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== SAGUNI MANJHI Son of Late Matar Manjhi Resident of Village - Sri Nagar Mushhari, P.S.- Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Naubatpur P.S. Case No. 610 of 2020, registered for the offence punishable punishable under Section 30(a), 37(b)(c) of the Bihar Prohibition and Excise Act, 2018.

100 litres of Mahua Chulai liquor has been recovered from the house of petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Alleged liquor has been recovered from the house which is in joint possession of family.

Patna High Court CR. MISC. No.21863 of 2021(3) dt.26-07-2021 2/2 Petitioner is in custody since 08.12.2020.

Considering the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Patna in connection with Naubatpur P.S. Case No. 610 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T