Sukhal Manjhi @ Sukhan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80522 of 2024 Arising Out of PS. Case No.-71 Year-2022 Thana- MANER District- Patna ====================================================== Sukhal Manjhi @ Sukhan Manjhi S/O Late Bulkan Manjhi R/O VillageChhitnawan Mushari, P.S- Maner, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Special Case No. 137 of 2022 arising out of Maner PS Case No. 71 of 2022 instituted for the offences under Sections 30(a), 32(ii), 34, 36 and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 169 litres of liquor was recovered from seven different persons and 5 litre liquor was recovered from the house of the 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

Patna High Court CR. MISC. No.80522 of 2024(2) dt.20-11-2024 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as the recovery is made from the joint house of the petitioner where other family members reside. The petitioner is in custody since 23.09.2024 and has got nine criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 137 of 2022 arising out of Maner PS Case No. 71 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

Patna High Court CR. MISC. No.80522 of 2024(2) dt.20-11-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T