Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18944 of 2022 Arising Out of PS. Case No.-74 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== Manoj Sah Son of Parma Sah @ Prabha Sah Resident of Village- Mehadiya Naharpar, Police Station- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Recovery is of 113.60 litres of wine.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that altogether 113.60 litres of wine has been recovered from the boat in question. He further submits

Patna High Court CR. MISC. No.18944 of 2022(2) dt.04-08-2022 2/3 that nothing has been recovered from the conscious possession of the petitioner and the boat in question does not belong to the petitioner and the petitioner has no concern with the alleged recovery. He further submits that similarly situated co-accused person namely Chhotelal Sahni has been granted bail by a Coordinate Bench of this Court vide order dated 14.05.2020 in Cr. Misc. No. 18160 of 2020 and another co-accused namely Pintoo Sah @ Pintu Sah has been granted bail by a Coordinate Bench of this Court vide order dated 03.07.2020 in Cr. Misc. No. 21490 of 2020 and the petitioner is in custody since 23.01.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Yadopur P.S. Case No. 74 of 2019, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.18944 of 2022(2) dt.04-08-2022 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T