Birju Sonar @ Birju Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7851 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- RAMPUR District- Gaya ====================================================== BIRJU SONAR @ BIRJU MANJHI S/o Mohan Sao Resident of Village - Gewalbigha Durga Asthan, P.S. - Rampur, District - 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. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-04-2021 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Rampur P.S. Case No. 290 of 2020 registered for the offence under Section 37(ii) / 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation as per the First Information Report is that Police raided the house of the petitioner and recovered 03 liters of illicit country made Mahua liquor.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel next submits that the illicit liquor in question has been recovered from the joint house of the petitioner in which other family members and co-sharers also reside. Learned counsel next submits that the petitioner is in custody since 02.11.2020, charge sheet has already been submitted and there is no likelihood that the petitioner will

Patna High Court CR. MISC. No.7851 of 2021(2) dt.16-04-2021 2/2 abscond or tamper with the evidence.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 02.11.2020, charge sheet has already been submitted and there no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Rampur P.S. Case No. 290 of 2020 subject to the following condition:- (i) that the petitioner shall not repeat the same offence in future.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

praful/- (Anil Kumar Sinha, J) U T