Nathun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14053 of 2025 Arising Out of PS. Case No.-337 Year-2021 Thana- PALIGANJ District- Patna ====================================================== 1.

Nathun Manjhi S/o Late Anant Manjhi R/o vill - Maharganj Musahari, P.s.- Paliganj, Distt.- Patna 2.

Pavan Manjhi S/o Lal Babu Manjhi R/o vill - Maharganj Musahari, P.s.- Paliganj, Distt.- Patna 3.

Din Dayal Manjhi S/o Deb Manjhi @ Balkisun Manjhi @ Balkisun Manzi R/o vill - Maharganj Musahari, P.s.- Paliganj, Distt.- Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Brij Kishore Mishra, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Paliganj PS. Case No.-337 of 2021, dated. 17.09.2021 registered for the offences punishable under Sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation, there was information to the police that the petitioners were selling illicit liquor from the house of Anil Manjhi and when police reached the place, the

Patna High Court CR. MISC. No.14053 of 2025(2) dt.28-03-2025 2/3 petitioners are alleged to have fled away and there is recovery of 38 liter illicit liquor from the house of Anil Manjhi.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that petitioners have nothing to do with the alleged offence and their name has been dragged in this case only on the basis of suspicion without any cogent evidence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-I, Danapur, Patna, in

Patna High Court CR. MISC. No.14053 of 2025(2) dt.28-03-2025 3/3 connection with Paliganj PS. Case No.-337 of 2021, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Ravishankar/- U T