Manoj Jaiswal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10894 of 2019 Arising Out of PS. Case No.-292 Year-2018 Thana- CHHAURADANO District- East Champaran ======================================================

1. MANOJ JAISWAL, Aged about 51 years, Gender Male, Son of Late Bunnilal Sah @ Bunnilal Jaiswal, Resident of Village - Rampur, P.S - Chhauradano Dist. - East Champaran, Motihari.

2. Manish Kumar, aged about 26 years, Son of Manoj Jaishwal, Resident of Village - Rampur, P.S. Chhauradano Dist. - East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 37(C) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that 1.8 litre of liquor was recovered from the shop of the petitioner. Petitioner has stated on oath that he has got no criminal antecedent.

Considering the fact aforesaid, especially, the fact that the petitioners have got no criminal antecedent, let the petitioners, above named, in the event of their arrest or

Patna High Court Cr.Misc. No.10894 of 2019(2) dt.22-02-2019 2/2 surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chhauradano Police Station Case No. 292 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. However, it is made clear that if the court below would come to the notice that the petitioners have got identical criminal antecedent that would be a ground for cancellation of bail to the petitioners by the court below itself. (Birendra Kumar, J) Kundan/- U T