Biru Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71571 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Biru Manjhi S/o Late Mathura Manjhi Resident of Village- Bardahiyan, P.S.- Marhowrah, District- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 28-02-2022 The applicant is an accused in Crime No. 188 of 2021 registered with Marhowrah Police Station for the offences punishable under sections 30/30(a) of Bihar Prohibition and Excise Act, 2016.

The applicant is given out of turn hearing because of his cardiac ailment suffered during his pre-trial detention as reflected from Medical papers filed in another bail application decided by this Court today itself.

Heard both sides.

According to the prosecution case on the basis of secret information, police raided a field where distillation of illicit liquor was going on. The police seized the illicit liquor which was being distilled in the field and from the information gathered from the local Chowkidar and the villagers, came to

Patna High Court CR. MISC. No.71571 of 2021(3) dt.28-02-2022 2/3 the conclusion that the applicant was one amongst eight persons who were indulging in distillation of illicit liquor. Investigation of the subject crime is over. The applicant is suffering from heart ailment while being in custody. Hence, though he is having chequred criminal history, liberty is restored to him with a hope that he will not indulge in commission of similar offence in future, hence, the order. The application is allowed.

The applicant/accused in Crime No. 188 of 2021 registered with Marhowrah Police Station is directed to be released on bail on executing P.R. Bond of Rs. 25,000/- (Twenty five Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. He should not repeat commission of similar crime in future. (II) The applicant/accused should cooperate the trial in expeditious disposal of the trial against him. (III) The applicant to remove all office objections forthwith and the Registry to issue certified copy of this order

Patna High Court CR. MISC. No.71571 of 2021(3) dt.28-02-2022 3/3 only after removal of office objections by the applicant/accused. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. (A. M. Badar, J) Ravi/- U T