Ramdeo Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19997 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Ramdeo Manjhi Son of Late Raghunath Manjhi

2. Sanjeet Yadav son of Babu Lal Yadav, Both residents of villageKharhari, P.S.- Muffasil, in the District of Gaya .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Mufassil P.S.Case No. 59/2016, disclosing offences under sections 272, 273 of the Indian Penal Code and section 47(a) of the Excise Act.

It is alleged that the police recovered 60 litres of Mahua country liquor from a place from where the petitioners fled away, upon seeing the police.

Learned counsel for the petitioners, referring to the seizure list, has submitted that the seizure has been apparently made in breach of mandatory provision under section 100 of the Cr.P.C. as both the seizure list witnesses are police personnel and

Patna High Court Cr.Misc. No.19997 of 2016 (2) dt.20-05-2016 there is no independent witness to the seizure. He has further submitted that it has not been mentioned in the seizure list that recovery was made from the premises in possession of the petitioners. In paragraph 3 of the application, it has been stated that the petitioners have no criminal antecedent. Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Muffasil P.S.Case No. 59/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U