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Patna High CourtCR. MISC./51307/2018bail granted

Sethi Manjhi v. The State Of Bihar

2018-09-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51307 of 2018 Arising Out of PS.Case No. -124 Year- 2017 Thana -BUNIYAD GANJ District- GAYA ======================================================

1. Sethi Manjhi S/o Chotan Manjhi resident of village - Manpur Suryapokhar Bhuintoli, P.S.- Buniyadganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioner is apprehending his arrest in connection with Buniyadganj P.S. Case No. 124/2017, registered for offences punishable under Sections 30(a), 37(a)(d) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 5 litres of country made liquor and also articles of making liquor were also seized.

Submission of learned counsel for the petitioner is that there is no compliance Section 100 of Cr. P.C. Further submission is that the petitioner has no criminal antecedents and falsely been implicated in this case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.51307 of 2018 (2) dt.14-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, in connection with Buniyadganj P.S. Case No. 124/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T