Sunil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32526 of 2021 Arising Out of PS. Case No.-344 Year-2020 Thana- BARAULI District- Gopalganj ====================================================== SUNIL MANJHI S/O BINDESHWARI MANJHI R/o village- Kehala, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State, Sri Harendra Prasad Singh.

The petitioner seeks regular bail in connection with Barauli P.S. Case No. 344/20 (Tr. No. 5132/2021), registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.32526 of 2021(2) dt.10-12-2021 2/3 The allegation is regarding recovery of various quantities of illicit liquor from various places and altogether 30 people have been made accused out of which the petitioner is one of them.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 13.1.2021. The learned counsel for the petitioner has further submitted that no illicit liquor has been recovered either from the conscious possession of the petitioner or from his house.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the

Patna High Court CR. MISC. No.32526 of 2021(2) dt.10-12-2021 3/3 house of the petitioner and moreover, the petitioner is languishing in custody since 13.1.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II, Gopalganj in connection with Barauli P.S. Case No. 344/2020 (Tr. No. 5132/2021).

(Mohit Kumar Shah, J) Ajay/- U T