Patna High CourtCR. MISC./36423/2020bail granted

Vikash Manjhi v. The State Of Bihar

2021-01-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36423 of 2020 Arising Out of PS. Case No.-146 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Vikash Manjhi S/o Mahendra Manjhi R/o Mohalla- Brahmchari Baba Road, Inside Param Gyan Niketan, P.s.- Bishnupad, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 04.08.2020 in connection with M.M.C.H P.S. Case No. 146 of 2020 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 180 litres of countrymade wine kept in a bag. The petitioner denies recovery of the

Patna High Court CR. MISC. No.36423 of 2020(2) dt.30-01-2021 2/2 offending goods from his conscious possession. In any event, the petitioner has already suffered custody for more than five months, and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 04.08.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with M.M.C.H. P.S. Case No. 146 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T