Mani Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54442 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Mani Raut Son of Baudhu Raut R/V- Kochgano, P.S- Warisaliganj, DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Warisaliganj P.S. Case No. 105 of 2021 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2016. As per the prosecution case, total recovery of 224.925 liter wine and 30 liter of desi mahua wine have been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 22.05.2022 having one criminal case pending against him and charge sheet has

Patna High Court CR. MISC. No.54442 of 2022(3) dt.28-11-2022 2/3 already been filed in this case. He also submits that petitioner's name has been figured in this case by virtue of discloser made by the chaukidar of the village. He submits that nothing was recovered from petitioner's conscious possession and the alleged recovery was made from the baramada of the petitioner in which local persons used to come and go everyday. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Court-2, Nawada in connection with Warisaliganj P.S. Case No. 105 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.54442 of 2022(3) dt.28-11-2022 3/3 file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T