Jay Mangal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22789 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- MADHAURAH District- Saran ====================================================== JAY MANGAL MANJHI, Son of Late Ram Ekbal Manjhi Resident of Village - Semrahiya, P.S.- Morhowrah, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh, Adv.

For the Opposite Party/s :

Mr.A.G The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioners and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 30, 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 500 liters spirit and two motorcycles from the orchard.

It has been submitted that petitioner is innocent and has been falsely implicated in this case. Neither petitioner was apprehended on the spot nor anything incriminating was recovered from the conscious possession of the petitioner. Similarly placed co-accused have been granted bail by a coordinate bench of this court vide order dated 16.03.2020 passed

Patna High Court CR. MISC. No.22789 of 2020(2) dt.10-09-2020 2/2 in Cr. Misc. No. 9713 of 2020 and order dated 02.03.2020 passed in Cr. Misc. No. 14345 of 2020 respectively. Petitioner is in custody since 18.01.2020.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Marhowrah P.S. Case No. 21 of 2020, subject to 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 steps to cancel his bail bond.

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