Bimlesh Manjhi @ Bimolesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12030 of 2019 Arising Out of PS. Case No.-381 Year-2018 Thana- Barharia District- Siwan ====================================================== Bimlesh Manjhi @ Bimolesh Manjhi, Male, aged about 23 years, son of Mohar Manjhi, resident of village- Tilsandi, P.S- Barharia, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Barharia P.S. Case No.381 of 2018, registered for the offence under Sections 272, 273 and 308 of the Indian Penal Code and under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The Police on secret information raided the village and from a Bamboo-clump, which is situated behind the thatched house of the petitioner, 25 liters of liquor has been recover. At that time, large number of persons were assembled and looking to the Police party, they fled away from there. Learned counsel for the petitioner submits that the petitioner has wrongly been implicated in this case. He further

Patna High Court CR. MISC. No.12030 of 2019(2) dt.27-02-2019 2/2 submits that the petitioner has no criminal antecedent. Looking to the entire facts and circumstances of the case, let the above-named petitioner, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum- Special Judge, Excise, Siwan, in connection with Barharia P.S. Case No.381 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, at the time of accepting the bail bonds, the Court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 25.02.2019, then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T