Ramu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16703 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- PARSA District- Saran ====================================================== RAMU MANJHI S/o Haricharan Manjhi Resident of Village- Mirzapur, P.S.- Parsa, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 15-10-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Allegation is recovery of 16 litres country-made wine from a gallon which was allegedly thrown away by the petitioner after seeing the police.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. It is further submitted that

Patna High Court CR. MISC. No.16703 of 2020(2) dt.15-10-2020 2/3 neither petitioner was apprehended on the spot nor was anything recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Parsa P.S. Case No.26/2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:- (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 properly 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

Patna High Court CR. MISC. No.16703 of 2020(2) dt.15-10-2020 3/3 steps to cancel his bail bond.

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