Birendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50824 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- SIRDALA District- Nawada ====================================================== BIRENDRA MANJHI S/O RAJO MANJHI R/o village- Partapur, P.S.- Sirdala, Distt.- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gauri Shankar Prasad, Adv For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Sirdala P.S. Case No.149 of 2021 registered for the offence under Sections 30(d), 41 of Bihar Prohibition and Excise Act. The prosecution case, in short, is that the police destroyed 1600 liters of Sweet Ghol of Mahua as there was no communication to carry and to bring the same only for the purpose of sample, the police brought one litre of Mahua Sweet Ghol in plastic bag and prepared a seizure list. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He further submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR itself that noting

Patna High Court CR. MISC. No.50824 of 2021(3) dt.05-01-2022 2/3 has been recovered from the conscious possession of the petitioner. He further submits that there is no witness of the occurrence. Petitioner is in custody since 17.07.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Addl. Sessions Judge 2nd -cum-Special Judge, Excise, Nawada in connection with Sirdala P.S. Case No.149 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.50824 of 2021(3) dt.05-01-2022 3/3 any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T