Sanju Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58557 of 2021 Arising Out of PS. Case No.-497 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== SANJU MANJHI Son of Chhote Lal Manjhi Resident of Village - Barhori, P.S.- Akbarpur, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2022 Supplementary affidavit has been filed on behalf of the petitioner mentioning therein that due to inadvertent mistake in prayer portion of the main bail petition satisfaction of learned court below has wrongly been stated as learned "Additional Sessions Judge-II-cum-Special Judge, Gaya" in place of learned Additional Sessions Judge-II-cum-Special Judge, Nawada. Learned counsel submits that learned Additional Sessions Judge-II-cum-Special Judge, Nawada may kindly be read in place of learned "Additional Sessions Judge-II-cum-Special Judge, Gaya".
Permission is granted.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.
2/4 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in connection with Akbarpur P.S. Case No. 497/ 2021 registered for the offences punishable under Sections 30(a), 30(d) of Bihar Prohibition and Excise Act, 2016.
As per prosecution case, 17 litres of illicit country made Mahua liquor, 20 kg. of Mahua flower and other apparatus were recovered from the house of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. It is further submitted that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the house of the petitioner but it is a case of plantation by the police. In fact, nothing has been recovered from the house of the petitioner and petitioner is in custody since 08.08.2021.
The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries one criminal antecedent.
Considering the aforesaid facts and circumstances, let
3/4 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 the learned Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case No. 497/ 2021, subject to 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 absence on two consecutive dates without sufficient reason, his 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.
3. 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 cancellation of bail bond of the petitioner. However, the acceptance of
4/4 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) shahzad/- U T