Ajit Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37771 of 2022 Arising Out of PS. Case No.-346 Year-2022 Thana- BIHTA District- Patna ====================================================== AJIT MANJHI Son of Late Arjun Manjhi Resident of Village - Bihta Mushari @ Bata Mushari, P.S.- Bihta, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-08-2022 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bihta P.S. Case No. 346 of 2022 registered for the offences punishable under Sections 37(c), 30(a), 30(c), 32(iii), 34, 36, 41(i) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 75 litre illicit country made liquor from the house of petitioner and he was apprehended on the spot. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.37771 of 2022(2) dt.17-08-2022 2/3 petitioner is in custody since 14.04.2022 and bears criminal antecedent of one case of similar nature in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no incriminating article has been recovered from conscious possession of the petitioner and he has falsely been implicated in this case.

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

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence 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 Excise Judge, Danapur, Patna in connection with Bihta P.S. Case No. 346 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.37771 of 2022(2) dt.17-08-2022 3/3 (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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T