Sanjay Manjhi @ Sanjay Majhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35323 of 2020 Arising Out of PS. Case No.-187 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== SANJAY MANJHI @ SANJAY MAJHI Son of Manas Manjhi @ Manas Majhi Resident of Village - Punaura, P.S.- Riga, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Mukeshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2020 Heard Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Riga P.S. Case No. 187 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation as per the First Information Report is that the Police on receiving secret information that nine persons including petitioner have procured the consignment of illegal liquor which would be unloaded near Marar Math, proceeded towards the place of occurrence and intercepted a truck. Upon seeing the Police party, the petitioner along with other coaccused persons started fleeing away, however, the Police
Patna High Court CR. MISC. No.35323 of 2020(2) dt.21-12-2020 2/3 arrested the petitioner and other co-accused persons, but some other co-accused persons succeeded in fleeing away. On search, the Police recovered a total quantity of 3395.52 litres of illicit liquor from the said truck.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has got no criminal antecedent. Learned counsel further submits that petitioner is not the owner of the truck and Scooty in question and no illicit liquor has been recovered either from his conscious possession or the vehicle belonging to him. Learned counsel also submits that petitioner is in custody since 4.7.2020 and the charge sheet has been submitted against him also. Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent and he is not owner of the truck, Scooty and other articles as well as charge sheet has already been submitted in the case, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IInd-cum Special Judge, Excise Act,
Patna High Court CR. MISC. No.35323 of 2020(2) dt.21-12-2020 3/3 Sitamarhi, in connection with Riga P.S. Case No. 187 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T