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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17042 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- SAHAJITPUR District- Saran ====================================================== RAHUL MANJHI @ RAHUL KUMAR MANJHI S/o Late Rajdev Manjhi R/o village- Maricha, P.S.- Sahajitpur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shrinath Manjhi, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Amendment Excise Act, 2016.

Altogether 30 litres of country made liquor is said to have been recovered from bamboo dense of the dalan of the petitioner and one person was apprehended, who disclosed the name of petitioner as the person who fled away from the spot. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.17042 of 2022(2) dt.29-07-2022 2/3 in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the confessional statement of the apprehended co-accused. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The said 'dalan' from where recovery has been made is joint family property and the recovery has been made from behind the dalan which is an open place. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.17042 of 2022(2) dt.29-07-2022 3/3 Court below, where the case is pending/Successor court, in connection with Sahajitpur P.S. Case No.188 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/- U T