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Patna High CourtCR. MISC./8806/2022allowed

Most Mandodari Devi v. The State Of Bihar

2022-07-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8806 of 2022 Arising Out of PS. Case No.-359 Year-2021 Thana- GAURICHAK District- Patna ====================================================== 1.

MOST MANDODARI DEVI W/o Late Mantu Manjhi Resident of Vill.- Hander Musahari, P.S.- Gaurichak, District- Patna. 2.

Sanjay Manjhi Son of Kapil Deo Manjhi Resident of Village- Hander Musahari, P.S.- Gaurichak, District- Patna.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 35

Patna High Court CR. MISC. No.8806 of 2022(2) dt.22-07-2022 2/3 liters of country made liquor is said to have been recovered near Musahari Panchayat Bhawan. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Petitioners are agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 the learned Court below where the case is pending/successor Court in connection with Gaurichak P.S. Case No.359 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that

Patna High Court CR. MISC. No.8806 of 2022(2) dt.22-07-2022 3/3

(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00 (Rupees Fifteen Thousand) each in the account of Patna High Court Legal Services Committee, Patna. (Anjani Kumar Sharan, J) Trivedi/- U T