Siyaram Manjhi @ Siyaram Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12201 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- MASHRAK District- Saran ====================================================== Siyaram Manjhi @ Siyaram Kumar Manjhi, S/o Sharda Manjhi, R/o VillageShekhpura, P.S.- Mashrakh, District- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Mashrakh P.S. Case No.154 of 2023 registered under Sections 147, 148, 149, 341, 323, 324, 188, 189, 353, 333 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise Act, 2016.

3. Allegation against the petitioner is to involve in illegal trading of illicit liquor and when raid was conducted by police personnel offered resistance to deter them to discharge their official function along with other co-accused persons.

4. It is submitted by learned counsel that illicit liquor specifically appearing to be recovered from the possession of Raj Kumar Manjhi, Ashok Prasad and Raushan Kumar.

It is submitted that being family

Patna High Court CR. MISC. No.12201 of 2024(2) dt.29-02-2024 2/2 members/neighbour/co-villager, the maximum allegation against the petitioner is to be part of a mob only. It is submitted that there is no overt act available against the petitioner. While concluding argument, it is submitted that the petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission, as the maximum allegation appears against this petitioner is to be a part of mob only, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-2, Saran, Chapra in connection with Mashrakh P.S. Case No.154 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T