Bihari Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84552 of 2019 Arising Out of PS. Case No.-539 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== BIHARI MANJHI Son of Basant Manjhi Resident of Village- SurkhiMill, AndarBairagi, P.S.- Delha and District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Kotwali P.S. Case No. 539 of 2019 registered for the offences punishable under Sections 30(a) and 37(ii) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the place from where the alleged illicit liquor has been recovered does not belong to this petitioner and the petitioner has no concern with the alleged illicit liquor. The petitioner is in custody since 21.11.2019 having no criminal antecedent.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein the petitioner is in custody since 19.11.2019 but has no criminal antecedent, let on completion of investigation and

Patna High Court CR. MISC. No.84552 of 2019(2) dt.19-12-2019 2/2 submission of chargesheet the petitioner be released on bail in connection with Kotwali P.S. Case No. 539 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya, 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 (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) avin/- U T