Patna High CourtCR. MISC./49008/2024allowed

Daharu Manjhi @ Raja Babu Kumar Manjhi v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49008 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- JALALPUR District- Saran ====================================================== Daharu Manjhi @ Raja Babu Kumar Manjhi, aged about 22 years, Male, S/O Bhola Manjhi, R/O Village- Kotheya, P.S- Jalalpur, Distt.- Saran At Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jalalpur P.S Case No. 97 of 2024 dated 10.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 26 litres of illicit country made liquor was recovered near the palani beside the house of the petitioner and 9 litres of illicit country made liquor was recovered from the pit behind the house of the co-accused.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.49008 of 2024(2) dt.10-07-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has six criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. As per the impugned order dated 11.06.2024 the petitioner is in custody since 24.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Jalalpur P.S Case No. 97 of 2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T