Bhagat Manjhi @ Bhagata Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28009 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Bhagat Manjhi @ Bhagata Manjhi Son Of Late Lakhichand Manjhi R/O Village- Bibipur Mushari, P.S.- Kako, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2022 No one appears on behalf of the petitioner. Learned APP for the State is present through virtual mode in view of COVID-19. Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Excise Case No.130/2022 arising out of Kako P.S. Case No.46/2022 instituted under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

The prosecution case, in short, is that 10 liters of 'Deshi Mahua' has been recovered/seized from the conscious possession of the petitioner and accordingly FIR was instituted the petitioner was taken into judicial custody.

It is a case where the 10 liters of 'Deshi Mahua' has been recovered/seized. The petitioner is in custody since 06.03.2022 (as stated in para-9 of the bail application) and the charge-sheet stands submitted.

Patna High Court CR. MISC. No.28009 of 2022(2) dt.06-08-2022 2/2 Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Excise Case No.130/2022 arising out of Kako P.S. Case No.46/2022 to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Jehanabad, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his/her bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his/her presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his/her bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T