Patna High CourtCR. MISC./47179/2017bail granted

Sunil Manjhi v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47179 of 2017 Arising Out of PS.Case No. -494 Year- 2017 Thana -PHULWARI District- PATNA ======================================================

1. Sunil Manjhi Son of Jallu Manjhi, R/o Village- Gobindpur, P.S.- Phulwarisharif, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Spl. Case No.5046 of 2017 arising out of Phulwarisharif (Janipur) P.S.Case No.494 of 2017, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 05 ltrs. of country-made liquor and three bullets from the possessions of the petitioner.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and nothing has been recovered from his possession rather from the motorcycle and two persons were riding on the motorcycle. Further submission is that he is in custody for two months.

Patna High Court Cr.Misc. No.47179 of 2017 (2) dt.12-10-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise, Patna in connection with Spl. Case No.5046 of 2017 (arising out of Phulwarisharif (Janipur) P.S.Case No.494 of 2017. 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 reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T