Jay Ram Manjhi @ Jay Ram Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5800 of 2017 Arising Out of PS.Case No. -373 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Jay Ram Manjhi @ Jay Ram Kumar Manjhi, son of late Gaya Manjhi resident of Village- Orha, P.S.- Garkha, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Gorkha P.S.Case No. 373 of 2016 registered for the offences punishable under Sections 188 of the Indian Penal Code and 47 of the Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that allegation against the petitioner is of recovery of 10 litres of country made liquor as well as 6 gallon of rotten Mahua but in the FIR it is stated that Mahua was destroyed and seizure shows 10 litres of Mahua liquor and petitioner has remained in custody for more than two months and he has clean antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.5800 of 2017 (2) dt.16-02-2017 2/2 allegation and period of detention, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Saran, Chapra, in connection with Gorkha P.S.Case No. 373 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U