Nandesh Manjhi @ Nandeh Manjhi @ Nande Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11682 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -WARSALIGANJ District- NAWADA ====================================================== Nandesh Manjhi @ Nandeh Manjhi @ Nande Manjhi, Son of Late Meghnath Manjhi, Resident of Village-Rasaulpur, P.S.-Warisaliganj, District-Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 Heard the parties.

This application has been filed in connection with Warisaliganj P.S.Case No.123 of 2016 for the offence under Sections 47 of Bihar Excise (Amendment) Act, 2016. It is submitted on behalf of the petitioner that only 04 ltrs. of country-made liquor has been recovered and whatever materials have been recovered are only with respect to allege manufacturing of the liquor and now the petitioner has remained in custody for about three months. He has no criminal antecedent. Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the fact that the petitioner has no criminal antecedent and now he is in custody for

Patna High Court Cr.Misc. No.11682 of 2017 (3) dt.28-03-2017 2/2 about three months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Nawada in connection with Warisaliganj P.S.Case No.123 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U