Premdhar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40037 of 2022 Arising Out of PS. Case No.-392 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== Premdhar Manjhi Son of Late Kishun Manjhi, Resident of Village - Rashidpur, Ward No. 15, Police Station- Sheohar, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Mohan Prasad Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Sheohar P.S. Case No. 392 of 2021 lodged under Sections 30(a), 30(c), 30(d), 34, 36 and 38 of Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution, total 965.900 litres of Desi wine were alleged to be recovered alongwith the stove and container for preparation of wine.

Learned counsel for the petitioner submits that the present petitioner has not apprehended from the place of occurrence though his name was figured in this case on the basis

Patna High Court CR. MISC. No.40037 of 2022(2) dt.27-08-2022 2/3 of the confessional statement of the co-accused. Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 09.05.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Sheohar in connection with Sheohar P.S. Case No. 392 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the

Patna High Court CR. MISC. No.40037 of 2022(2) dt.27-08-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T