Pitambar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52192 of 2023 Arising Out of PS. Case No.-613 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Pitambar Manjhi Son of Shivnarayan Manjhi Resident of village - Khairwa, P.s. - Banjariya, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 07.03.2023 in connection with Excise P.S. Case No. 613 of 2023, F.I.R. dated 06.03.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition Excise Act.
3. According to prosecution case, recovery of 80 liters country made wine and one motorcycle without registration has been made.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Learned counsel for the petitioner further submits that from the perusal of the F.I.R. and seizure
Patna High Court CR. MISC. No.52192 of 2023(2) dt.17-08-2023 2/3 list nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the motorcycle in question and there is non-compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 07.03.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let 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 Exclusive Special Judge, Excise Court No. -2, East Champaran, Motihari, in connection with Excise P.S. Case No. 613 of 2023, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.52192 of 2023(2) dt.17-08-2023 3/3 for cancellation of bail.
iii. 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 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) Aditi U T