Dharmendra Manjhi @ Dharmendra Kumar @ Dharmendra Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35297 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== DHARMENDRA MANJHI @ DHARMENDRA KUMAR @ DHARMENDRA KUMAR MANJHI, aged about 38 years, male, S/o Foltan Manjhi, resident of Village - Manpujr Suryapokhar Bhuintoli, PS - Buniyadganj, District - Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Vinod Kumar, Advocate For the Opposite Party/s :

Mr Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Buniyadganj Police Station (for brevity, PS) Case No 445 of 2022 dated 23.12.2022 registered for the offence punishable under Section 30 (a) (b) (c) of Bihar Prohibition and Excise Amendment Act, 2018. As per prosecution case, 5 liters of illicit Mahua liquor and 250 Kgs java Mahua flower was recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.35297 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner has four criminal cases, as stated in paragraph 3 of the bail petition. He is in custody in this case since 28.03.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge -cumExclusive Special Excise Court No I, Gaya in Buniyadganj PS Case No 445 of 2022 dated 23.12.2022:

The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail is liable to be cancelled.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T