Patna High CourtCR. MISC./56749/2024bail granted

Sukhal Manjhi v. The State Of Bihar

2024-08-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56749 of 2024 Arising Out of PS. Case No.-1050 Year-2021 Thana- MANER District- Patna ====================================================== Sukhal Manjhi S/o Late Bulkan Manjhi R/O VILL- CHITNAWAN NEAR BARI POOL, P.S- MANER, DISTT. - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Munish Kumar, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Maner P.S. Case No. 1050 of 2021 dated 25.12.2021 registered for the offences punishable u/s 30(a), 30(c), 32(iii), 34, 36 and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total two litres of illicit country-made liquor and 50 kg of mashua flowers were recovered in front of the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.56749 of 2024(2) dt.07-08-2024 2/3 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The recovery was made from an open place that is accessible to anyone. The petitioner has eleven criminal antecedents which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 20.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Maner P.S. Case No. 1050 of 2021, with the conditions:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, his bail bonds are liable to be cancelled.

Patna High Court CR. MISC. No.56749 of 2024(2) dt.07-08-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T