Mangal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76078 of 2019 Arising Out of PS. Case No.-462 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== MANGAL MANJHI, aged about 28 years, Male, Son of Hargale Manjhi R/o Dheng, Ward No.4, P.S.- Suppi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with C2/462 of 2019 registered under Sections 30(A) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel submits that neither any cartoon nor any bag was shown to be recovered from the possession of the petitioner and prosecution report nowhere discloses as to how the petitioner was carrying illicit liquor. Learned counsel also

Patna High Court CR. MISC. No.76078 of 2019(2) dt.25-11-2019 2/3 submits that petitioner is in custody since 25.07.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances wherein it is the submission of learned counsel for the petitioner that the prosecution report nowhere discloses as to how petitioner was carrying the illicit liquor, petitioner has no criminal antecedent and that he is in custody since 25.07.2019 and the investigation is complete by now, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge, Excise Act, Sitamarhi, in connection with C2/462 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.76078 of 2019(2) dt.25-11-2019 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T