Manoj Panjiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40365 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- KANHAULI District- Sitamarhi ====================================================== Manoj Panjiyar S/O Nagendra Panjiyar R/O Village-Dostiya, P.S-Sonbarsa, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 12.2.2021 seeks regular bail in connection with Kanhauli P.S. Case No. 21 of 2021 registered for the offence punishable under section 272 and 273 of the Indan Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Prosecution case in brief is that on 11.2.2021 the S.H.O. of Kanhauli police station along with police party were on patrolling duty at Kanhauli Bazar, he got secret information that consignment of illicit wine was being transported through village Orlahia, the police party reached near the Lahia More and apprehended three persons and on their disclosure recovered

Patna High Court CR. MISC. No.40365 of 2021(2) dt.07-01-2022 2/3 66 liters of country made wine from the bag of the accused persons.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits the petitioner is in custody since 12.2.2021 and he has no concern with the seized liquor or the motorcycle and due to dirty village politics he has been roped in the present case. Considering the above mentioned facts and circumstances of the case, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Kanhauli P.S. Case No. 21 of 2021 subject to the following condition:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be

Patna High Court CR. MISC. No.40365 of 2021(2) dt.07-01-2022 3/3 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 offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T