Indar @ Indal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28145 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- PIPRA District- Patna ====================================================== Indar @ Indal Manjhi, S/o Late Shiv Ratan Manjhi, Resident of VillageBehrawan Chakiya, Dalit Musahari, P.S.- Pipra, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Smt. Abha Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 31.10.2017 in connection with Special Case No. 7565 of 2017, arising out of Pipra P.S. Case No. 71 of 2017 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code, Section 30(a)/45 of the Bihar Prohibition and Excise Act, 2016 and Section 27 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on secret information that Vijay Manjhi, Ajay Manjhi and others are engaged in manufacturing and selling of illicit liquor, the house of Vijay Manjhi was raided and 15-20 men and 10-15 women started fleeing away. The police

Patna High Court Cr.Misc. No.28145 of 2018(2) dt.11-05-2018 2/3 recovered mahua wine in unmanufactured condition and on police raid 200-250 persons variously armed with lathi, danda, bhala started brick-batting and pelting stones and tried to snatch arms from the police personnel. Petitioner was apprehended along with 5 litres of mahua wine and one loaded country-made pistol. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 7565 of 2017, arising out of Pipra P.S. Case No. 71 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient

Patna High Court Cr.Misc. No.28145 of 2018(2) dt.11-05-2018 3/3 immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T