Lavkush Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8250 of 2021 Arising Out of PS. Case No.-488 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Lavkush Manjhi aged about 25 years (Male) Son Of Late Naresh Manjhi R/O Village- Babhana, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Excise Case No. 662 of 2020, arising out of Jehanabad P.S. Case No. 488 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 50 liters of Mahua wine has been recovered from the house of this petitioner. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. The house, in question, is in joint possession of the family. Petitioner is in custody since 25.11.2020. Chargesheet has already been submitted.

Considering the nature of allegation and the fact that nothing has been recovered from conscious possession of

Patna High Court CR. MISC. No.8250 of 2021(2) dt.26-05-2021 2/2 petitioner as well as period of custody, the bail application of petitioner is allowed. 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 Addl. Sessions Judge-II cum Special Judge Excise, Jehanabad in connection with Excise Case No. 662 of 2020, arising out of Jehanabad P.S. Case No. 488 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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."

(Prabhat Kumar Singh, J.) anay U T