Kail Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 3607 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- PARAIYA District- Gaya ====================================================== 1.

KAIL MANJHI Son of Late Rameshar Manjhi Resident of Village - Nauabigha, P.S.- Paraiya, Distt.- Gaya.

2.

LALTI DEVI W/o Kail Manjhi Resident of Village - Nauabigha, P.S.- Paraiya, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr Ram Bilash Roy, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-06-2021 This case has been taken up today for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Paraiya Police Station Case No 18 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 224, 225, 307, 332, 333, 353, 379 of Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Recovery of liquor is alleged from the house of the petitioners. Petitioner No 1 was arrested there as he was present in the house at the time of recovery. Petitioner No 2 is alleged to have fled away. Having no criminal antecedents, they are in custody since 29.06.2020. Investigation of the case is already complete.

Patna High Court CR. MISC. No.3607 of 2021(2) dt.22-06-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioners, above named, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in Paraiya PS Case No 18 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T