Lavkush Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16306 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Lavkush Manjhi Son of Late Naresh Manjhi Resident of Village - Babhana, P.S. - Jehanabad, District - Jehanabad.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar,Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-06-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Excise Case No. 228 of 2020 arising out of Jehanabad P.S. Case No. 111 of 2020 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that total 100 liters of Mahua wine has been recovered from the house of the petitioner.
Learned counsel submits that the petitioner is
Patna High Court CR. MISC. No.16306 of 2021(2) dt.30-06-2021 2/3 innocent and has falsely been implicated in the present case. The petitioner is in custody since 25.11.2020.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein in connection with the present case the petitioner has remained in custody since 25.11.2020, the investigation against him is complete but the trial is not likely to take place in near future, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad in connection with Excise Case No. 228 of 2020 arising out of Jehanabad P.S. Case No. 111 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly
Patna High Court CR. MISC. No.16306 of 2021(2) dt.30-06-2021 3/3 make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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.
The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During the Pandemic Period'.