Kundan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36665 of 2020 Arising Out of PS. Case No.-299 Year-2020 Thana- SIRDALA District- Nawada ====================================================== 1.

KUNDAN MANJHI S/O LAKHAN MANJHI Resident of VillageDakhiyagawan, P.S.- Wazirganj, District- Gaya. 2.

Ramawtar Manjhi S/O Late Ram Sharan ManJhi Resident of VillageBhitiya P.S.- Sirdala District- Nawada. 3.

Akhilesh Manjhi S/O Jagdish Manjhi Resident of Village- Bhitiya P.S.- Sirdala District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-02-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners 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 petitioners are in custody since 10.08.2020 in connection with Sirdala P.S. Case No. 299 of 2020 for the alleged offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 50 litres of country-made Mahua liquor and about 4000 litres of fermented Mahua and jaggery. The petitioners deny recovery of the offending goods from their conscious possession. In any event,

Patna High Court CR. MISC. No.36665 of 2020(2) dt.03-02-2021 2/2 the petitioners have already suffered custody for more than five months, and claim 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 10.08.2020, let the petitioners above named be released on bail upon their completing nine months in custody on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge Excise, Nawada, in connection with Sirdala P.S. Case No. 299 of 2020, if they are not 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 petitioners 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