Dilip Manjhi @ Pandit Manjhi @ Dilip Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11285 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- KOPA District- Saran ====================================================== 1.

Dilip Manjhi @ Pandit Manjhi @ Dilip Kumar Manjhi, Son of Ram Awtar Manjhi Resident of Vill.-Pokharbhinda, P.S.-Kopa, Distt.-Saran 2.

Viswranjan Manjhi, Son of Dilip Manjhi @ Pandit Manjhi Resident of Vill.- Pokharbhinda, P.S.-Kopa, Distt.-Saran 3.

Rita Devi, Wife of Dilip Manjhi @ Pandit Manjhi Resident of Vill.- Pokharbhinda, P.S.-Kopa, Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner nos.2 and 3 are persons with clean antecedent and allegation is of recovery of 45 litres of liquor.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.11285 of 2024(2) dt.01-03-2024 2/2 recovered from their conscious possession and even alleged recovery is from a place, which is accessible to public at large and do not belong to the petitioners. It is further submitted that in the seizure list, the recovery is shown from a village Pokhar Bhinda. It is further submitted that petitioners came to be implicated based on secret information, which is the easiest way to implicate someone.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-IIIrd-cum-Special Judge, Excise, Saran at Chapra in connection with Kopa P. S. Case No.156 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T