Rabindra Manjhi @ Ramindra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35571 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== RABINDRA MANJHI @ RAMINDRA MANJHI S/O LATE KRIT MANJHI @ LATE RAMKIRAT MANJHI R/O Village- Makhdumpur Dih, P.SMakhdumpur, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jehanabad Excise P.S. Case No. 266 of 2023 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, there is alleged recovery of 01.500 liter illicit liquor from the petitioner and petitioner apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody 20.03.2023 and bears criminal antecedent of five cases of similar nature and he is on bail in all cases. He further submits that petitioner is quite innocent and

Patna High Court CR. MISC. No.35571 of 2023(2) dt.14-06-2023 2/3 has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is violation of Section 100 of the Cr.P.C.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Jehanabad in connection with Jehanabad Excise P.S. Case No. 266 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.35571 of 2023(2) dt.14-06-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) Niku/- amitkr U T