Single judge order allowing bail to petitioner in liquor smuggling case. Court permitted removal of defects, noted investigation completed, and granted bail with bonds and conditions.
Petitioner released on bail bond of Rs. 20,000 with two sureties each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37486 of 2022
Arising Out of PS. Case No.-663 Year-2021 Thana- MADHAURAH District- Saran
======================================================
Upendra Manjhi, Son of Shatrughna Manjhi, Resident of village- Gaura Paswan Toli, P.S.- Marhowrah (Gaura O.P.) District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 07-09-2022
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Devendra Narayan Singh, learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail, who is in custody in connection with Marhowrah (Gaura O.P.) P.S. Case No. 663 of 2021 registered for the offences punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.
It is alleged that 350 litres of country made Mahua liquor was recovered near a canal at Gaura Dusadh Toli. The local people disclosed the name of six persons, including the petitioner.
Learned counsel for the petitioner submits that the petitioner was neither arrested at the place of occurrence nor any incriminating material has been recovered from his person or
Patna High Court CR. MISC. No.37486 of 2022(2) dt.07-09-2022 2/3
possession and only because of his past criminal antecedent, his name has been implicated in this case. He next submits that the petitioner is in custody since 23.05.2022, though the investigation of the crime is already completed and the chargesheet has been submitted, apart from the other infirmities in preparation of the seizure list.
On the other hand, learned counsel for the State opposes the bail application and submits that the petitioner is found involved in four other criminal cases.
In response to the aforesaid submission, learned counsel for the petitioner submits that the petitioner is on bail in all the four cases.
Regard being had to the facts that the petitioner was neither arrested at the place of occurrence nor any incriminating material has been recovered from his person or possession and moreover the alleged recovery has been made from an open place, which is accessible to all and the investigation of the crime is already completed and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Judge, Excise Court, Saran at Chapra in connection with Marhowrah P.S. Case
Patna High Court CR. MISC. No.37486 of 2022(2) dt.07-09-2022 3/3
No. 663 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain physically present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J)
uday/-
U T
1 issue framed by the court
Whether petitioner should be released on bail in a liquor smuggling case where he was not arrested at the scene and no incriminating material was found on his person.
1 provisions across 1 enactments
Upendra Manjhi
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
