Allowed

Bijli Manjhi v. the State of Bihar

Patna HC6 Aug 2022CR. MISC./25556/2022

Case brief

AI extract

What is this about?

The individual accused of manufacturing illegal wine under the Bihar Prohibition and Excise Act, 2018, was granted bail. The court noted that seized evidence was destroyed by the police, and the applicant has undergone prolonged detention without prior criminal antecedents.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000/- with two sureties of like amount each.

Bijli Manjhi Vs the State of Bihar — Corruption | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25556 of 2022

¶2

Arising Out of PS. Case No.-87 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya

¶3

======================================================

¶4

BIJLI MANJHI Son of Sri Tilak Manjhi Resident of Village - Kendua, P.s.Magadh Medical , Distt.- Gaya.

... ... Petitioner/s

Versus

2 06-08-2022

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

¶9

... ... Opposite Party/s

¶10

Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

¶11

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

¶12

The petitioner is an accused in connection with Magadh Medical P.S. Case No. 87 of 2017 under Sections 30(a) (d) of the Bihar Prohibition and Excise Act, 2018.

¶13

As per the FIR, allegation against the petitioner is that 4 liters country made illegal wine and 300 liters semi liquid ‘mahua’ and utensils for manufacturing wine were recovered/seized. Accordingly, the FIR was lodged and the petitioner has been taken into custody.

¶14

Patna High Court CR. MISC. No.25556 of 2022(2) dt.06-08-2022 2/3

¶15

Learned counsel for the petitioner submits that the police alleges to have recovered/seized 4 liters country made liquors and 300 liters semi liquid ‘mahua’ from his house and further claims to have destroyed the same. In view of the fact that as per the police itself, the evidence has been destroyed, no allegation of recovery/seizure of any countrymade wine can be attributed to the petitioner herein. He further submits that he has no criminal antecedent and for the said alleged act, he has suffered a lot by being in jail since 09.01.2022 (as stated in paragraph-11 of the bail application).

¶16

Taking into account the aforesaid facts that the recovery/seizure is of 4 liters countrymade wine and 300 liters of semi liquid mahua which as per the police itself has been destroyed, the petitioner is in custody since 09.01.2022 and charge sheet stands submitted, this Court is inclined to grant him the privilege of bail.

¶17

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Exclusive Special Excise Judge Court No. 1, Gaya in connection with Magadh Medical P.S. Case No. 87 of 2017, subject to the following conditions :- (i) one of the bailor should be the family member of

¶18

Patna High Court CR. MISC. No.25556 of 2022(2) dt.06-08-2022 3/3

¶19

the petitioner, who shall provide official document to show his/her bona fide ;

¶20

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

¶21

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

¶22

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

¶23

With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

Jagdish/-

U T

Bijli Manjhi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bijli Manjhi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Usha Devi Vs The State of Bihar

Arodh Kumar @ Arodh Prasad Vs the Union of India through Authorized Officer N.D.P.S. Act

Pappu Rai Vs The State of Bihar

Bikau Patel Vs The State of Bihar

Chandan Paswan @ Chandan Kumar Vs The State of Bihar

Mahendra Yadav Vs The State of Bihar