Mithlesh Chaudhari @ Mithlesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8027 of 2021 Arising Out of PS. Case No.-184 Year-2019 Thana- DELHA District- Gaya ====================================================== MITHLESH CHAUDHARI @ MITHLESH MANJHI S/o LATE GANAURI CHAUDHARI R/v- Paraiya Bhuintoli, P.S.- Delha, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Delha P.S. Case No. 184 of 2019, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. On secret information raid was conducted and this petitioner is alleged to have fled away after throwing the plastic bag containing 20 litres of country made liquor after seeing the police party.

It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made from a bag which was lying on the road. Petitioner has been

Patna High Court CR. MISC. No.8027 of 2021(2) dt.17-04-2021 2/2 falsely implicated in this case merely on suspicion. Petitioner is in custody since 23.09.2020 having no criminal antecedent, as stated in para 3 of the petition.

Considering the period of custody and clean antecedent of the petitioner, 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, Gaya in connection with Delha P.S. Case No. 184 of 2019, 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