Patna High Court/1827/2021bail granted

Manjit Kumar v. The State Of Bihar

2021-03-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1827 of 2021 Arising Out of PS. Case No.-394 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== MANJIT KUMAR SON OF YOGENDRA PRASAD RESIDENT OF SADIKPUR, MINA BAZAR GALI, POLICE STATION - ALAMGANJ, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Alamganj P.S. Case No. 394 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

130 litres of Mahua wine has been recovered from possession of this petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner. In fact, the bag containing liquor was found lying on the road and this petitioner was caught only on suspicion. Petitioner is in custody since 17.07.2020 having no criminal antecedent. Chargesheet has

Patna High Court CR. MISC. No.1827 of 2021(2) dt.08-03-2021 2/2 already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Alamganj P.S. Case No. 394 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T