Sukhal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68768 of 2024 Arising Out of PS. Case No.-192 Year-2022 Thana- MANER District- Patna ====================================================== Sukhal Manjhi S/o- Late Bulkan Manjhi VILL-Chitnawan Mushahri,Near Bari Pool, P.S-Maner, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Maner P.S. Case No. 192 of 2022, instituted for the offences punishable under Sections 30(a)(c), 32, 36 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, total 130 liters liquor was recovered from several houses out of which 40 liters liquor was recovered from the house of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.68768 of 2024(3) dt.16-01-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner was not arrested from the place of occurrence. The alleged recovery has been made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 08.07.2024 and has got eleven criminal antecedents in which he is on bail in three cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 192 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.68768 of 2024(3) dt.16-01-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(IV) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Rajorshi/- U T