Chandan Manjhi vs State Of Bihar

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.

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.

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.

Learned counsel for the petitioner submitted that the recovery is not from the house but outside the house of the 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.

Learned APP submitted that it was the petitioner who had kept the wine and it was found from behind his house.

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 being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.