Patna High Court - Orders
Sanjay Manjhi vs The State Of Bihar on 13 August, 2021
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31256 of 2021
Arising Out of PS. Case No.-126 Year-2021 Thana- DIGHA District- Patna
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SANJAY MANJHI SON OF SURENDRA MANJHI R/O VILLAGE- NACH
BAGICHA, P.S.- DIGHA, DISTRICT- PATNA.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vishal Vikram Rana
For the Opposite Party/s : Mr.Shantanu Kumar
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 13-08-2021Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings.
Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Digha P.S. Case No.126 of 2021, registered for the offence punishable under Sections 30(a)/37(B)/37(C)/30(C) of the Bihar Prohibition and Amendment Excise Act 2018.
Altogether 225 liters of country made liquor and utensils, which were used to prepare liquor, is said to have been recovered from Nach Bagicha Mushri. It is alleged that the Patna High Court CR. MISC. No.31256 of 2021(2) dt.13-08-2021 2/3 petitioner and other accused persons were engaged in manufacturing of illicit liquor.
Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. Neither the petitioner has been apprehended on the spot nor the place where recovery has been made belongs to the petitioner. No incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case. Petitioner has no criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 27.02.2021.
Petitioner is agreed to deposit a sum of Rs. 10000.00/- (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code:
SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.31256 of 2021(2) dt.13-08-2021 3/3 learned court below, where the case is pending, in connection with Digha P.S. Case No.126 of 2021, with the following conditions:-
(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the PM Cares fund.
(Anjani Kumar Sharan, J) pallavi/-
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