The High Court at Patna granted regular bail on the submission that the petitioner had been in custody since 07.04.2021 and the charge-sheet was filed. Bail was allowed pending the filing of a full judgment.
Release of the petitioner on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41106 of 2021
Arising Out of PS. Case No.-104 Year-2021 Thana- RAMPUR District- Gaya
======================================================
MUNNA MANJHI S/o Late Tunu Manjhi Resident of Village- Gewal Bigha Domtoli, P.S.- Rampur, District- Gaya
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar, Adv. For the Opposite Party/s : Mr. Akbar Ali, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 28-01-2022
Heard Mr.Vinod Kumar, learned counsel for the
petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Rampur PS Case No. 104/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2016.
Six litres of illicit liquor has, allegedly, been recovered from the house of the petitioner.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the illicit liquor has been recovered from the joint house of the petitioner in which other family members of the petitioner also reside.
Patna High Court CR. MISC. No.41106 of 2021(2) dt.28-01-2022 2/2
Learned counsel next submits that petitioner is in custody since 26.03.2021 and the charge-sheet has already been submitted in the matter and the trial is not likely to be concluded in near future.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 07.04.2021, charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, MUNNA MANJHI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Gaya in connection with Rampur PS Case No. 104/2021.
(Anil Kumar Sinha, J)
perwez
U T
3 issues framed by the court
Whether the petitioner is eligible to be granted regular bail in a case under the Bihar Prohibition & Excise Act 2016.
Whether the delay in trial and petitioner's custody warrant the grant of bail.
Whether the submission of charge-sheet necessitates bail consideration.
Colour shows how this judgement treated each authority
Patna High Court CR. MISC. No.41106 of 2021(2)Referred¶17
1 provisions across 1 enactments
Munna Manjhi
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
