Guddu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66806 of 2021 Arising Out of PS. Case No.-134 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Guddu Manjhi Son of Late Bipan Manjhi @ Late Bifan Manjhi Resident of village - Pathalgrah, P.S.- Magadh University, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioner is in custody in connection with Magadh University P.S. Case No. 134 of 2021 instituted under section 30(a) of the Amended Prohibition & Excise Act, 2018. As per the prosecution case, the S.I. of Magadh University police station received information that Guddu Manjhi was doing illegal business in his house. Accordingly, he along with police personnel reached village Pathargrah and saw him fleeing away but was apprehended. Upon search of his house, 5 liters of Mahua liquor was recovered which was seized and he was arrested.

Learned counsel for the petitioner submits that for the

Patna High Court CR. MISC. No.66806 of 2021(2) dt.17-05-2022 2/3 said recovery he has suffered a lot by being in jail since 20.9.2021 (as stated in para-8 of the bail application). Taking into the aforesaid facts that charge-sheet stands submitted and he is in custody since 20.9.2021; this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Gaya, in connection with Magadh University P.S. Case No. 134 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.66806 of 2021(2) dt.17-05-2022 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T