Rupan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45866 of 2021 Arising Out of PS. Case No.-586 Year-2021 Thana- NAWADA District- Nawada ====================================================== RUPAN MANJHI S/o Late Baso Manjhi R/o village- Gandhi Ashram Shobhiya Par, P.S.- Town, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 03.06.2021 seeks regular bail in connection with Town (Nawada) P.S. Case No. 586 of 2021 registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case in brief is that 2 litres of desi mahua liquor was recovered from the house of the petitioner. Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that due to lack

Patna High Court CR. MISC. No.45866 of 2021(2) dt.12-01-2022 2/3 of information, the petitioner had not given details of cases pending against him and on the same ground the bail application of the petitioner was rejected by the Court below and the petitioner being innocent is in custody since 03.06.2021. Learned A.P.P. has opposed the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case and period of custody of the petitioner as well as taking into note that 2 litres of desi mahua liquor was recovered from the house of the petitioner, the petitioner is directed to be enlarged to bail upon furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Nawada in connection with Town (Nawada) P.S. Case No. 586 of 2021 subject to the following conditions:

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

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.45866 of 2021(2) dt.12-01-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel their bail bond.

(Purnendu Singh, J) Niraj/- U T