Indal Manjhi @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85586 of 2019 Arising Out of PS. Case No.-346 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== INDAL MANJHI @ SANTOSH KUMAR Son of Shaharo Manjhi Resident of Village-Imali Chak, P.S.-Belaganj in the District of Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking regular bail in connection with Belaganj P.S. Case No. 346 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the alleged recovery of illicit liquor has been made from the bank of Falgun river and the petitioner has no concern with the said place of recovery. The petitioner has been apprehended only on mere suspicion and he is in custody since 08.11.2019 having no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the illicit liquor has been recovered from the bank of Falgun river

Patna High Court CR. MISC. No.85586 of 2019(2) dt.17-01-2020 2/2 and not from the house of this petitioner and the petitioner has been arrested on mere suspicion, he has no criminal antecedent and has remained in custody since 08.11.2019, let the petitioner above named be released on bail 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, Gaya in connection with Belaganj P.S. Case No. 346 of 2018, subject to the condition as laid down under Section 437 (3) of the Cr.P.C. i.e.

(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.