Sunil Manjhi @ Sunil Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32456 of 2022 Arising Out of PS. Case No.-275 Year-2017 Thana- SIRDALA District- Nawada ====================================================== Sunil Manjhi @ Sunil Bhuiyan Son of Amirak Manjhi R/O Village- Kewal P.S.- Sirdala District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sirdala P.S. Case No. 275 of 2017 registered for the offence under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 01.04.2022.

The allegation against the petitioner is to involve in illegal trading of illicit liquor, as such, he was found in the possession of 110 liters of country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery is made from the bank of river in forest,

Patna High Court CR. MISC. No.32456 of 2022(2) dt.26-07-2022 2/3 which is an open place, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that recovery is made from the open place.

Considering the facts and circumstances as mentioned above, as recovery is not from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sirdala P.S. Case No. 275 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Nawada/concerned Court, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.32456 of 2022(2) dt.26-07-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Gudiya Devi, who is the deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T