Srawan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2198 of 2019 Arising Out of PS. Case No.-447 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ======================================================

1. Srawan Kumar and Ors Vinod Manjhi resident of village-Ram Nagar, Nirmohi Tola Sandha, Police Station Chapra Muffasil,District- Chapra

2. Sunil Kumar Vinod Manjhi resident of village-Ram Nagar, Nirmohi Tola Sandha, Police Station Chapra Muffasil,District- Chapra

3. Chhotu Kumar @ Chotu Kumar @ Chetu Kumar Vidya Manjhi @ Vidya Ram resident of village-Ram Nagar, Nirmohi Tola Sandha, Police Station Chapra Muffasil,District- Chapra

4. Rakesh Kumar Vidya Manjhi @ Vidya Ram resident of village-Ram Nagar, Nirmohi Tola Sandha, Police Station Chapra Muffasil,District- Chapra ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 This application, for grant of anticipatory bail, arises out of Chhapra Muffasil P.S. Case No. 447 of 2018, disclosing offences under Sections 341, 323, 504, 506, 353 and 34 of the Indian Penal Code and Section 30/38 and 41 of the Bihar Prohibition and Excise Act.

Allegation is that two persons were arrested from whom 40 litres and 30 litres country made liquor respectively, have been recovered, thereafter, the villagers and other persons including the petitioners assaulted the police party with belt, causing injury to one of the police personnel. Submission of learned counsel for the petitioners is

Patna High Court Cr.Misc. No.2198 of 2019(2) dt.16-01-2019 2/2 that they have no criminal antecedents and have falsely been implicated in this case and the F.I.R itself shows that there is no recovery from the possession of the petitioners and so far assault is concerned, no specific allegation has been attributed to them and their names have been disclosed by the apprehended person. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI- cum- Special Judge, Excise, Saran in connection with Chhapra Muffasil P.S. Case No. 447 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T