Shambhu Manjhi @ Katora Manjhi @ Katora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51277 of 2021 Arising Out of PS. Case No.-148 Year-2021 Thana- DORIGANJ District- Saran ====================================================== SHAMBHU MANJHI @ KATORA MANJHI @ KATORA S/o- LATE SURAJ MANJHI Resident of Village- Rasalpura, P.S.- Doriganj, DistrictSaran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Doriganj P.S. Case No. 148 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 120 liters of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession or from the house of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is rotting in judicial custody since 05.07.2021.

Patna High Court CR. MISC. No.51277 of 2021(2) dt.03-01-2022 2/3 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, above named, petitioner 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 Additional Sessions Judge -II -cum- Special Judge, Excise, Saran at Chapra in connection with Doriganj P.S. Case No. 148 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 canceled 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 any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.51277 of 2021(2) dt.03-01-2022 3/3 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) braj/- U T