Chandan Manjhi vs The State Of Bihar
2021 Latest Caselaw 693 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37557 of 2020
  Arising Out of PS. Case No.-122 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                    District- Nawada
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Chandan Manjhi, (Age-25 years, Gender-Male), Son of Gorelal Manjhi, Resident of Village- Loharbihar Chak, PS- Muffasil, District- Nawada.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s   :      Mr. Bhavesh Kumar, Advocate
For the State          :      Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Bhavesh Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Government Official Case No. 122 of 2020 dated 23.07.2020,

instituted under Section 30(a) of the Bihar Prohibition and Excise

Act, 2016.

3. The allegation against the petitioner is that 253.5

litres of countrymade liquor was recovered from the back side of

his house and he was apprehended.

4. Learned counsel for the petitioner submitted that the

recovery is not from the house but outside the house of the Patna High Court CR. MISC. No.37557 of 2020 dt.05-02-2021

petitioner. It was further submitted that the petitioner has been

caught only on suspicion and is in custody since 23.07.2020,

having no other criminal antecedent.

5. Learned APP submitted that it was the petitioner who

had kept the wine and it was found from behind his house.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional District

and Sessions Judge II-cum- Special Judge, Nawada in

Government Official Case No. 122 of 2020 subject to the

conditions (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or Patna High Court CR. MISC. No.37557 of 2020 dt.05-02-2021

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T