Binod Manjhi @ Vinod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20315 of 2023 Arising Out of PS. Case No.-309 Year-2022 Thana- GOPALPUR District- Patna ====================================================== BINOD MANJHI @ VINOD MANJHI S/O SHABINDER MANJHI R/O VILLAGE- MANOHARPUR, KACHHUARA, P.S- GOPALPUR, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajeev, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 337, 307, 353, 427 of Indian Penal Code and Section 30(a) (c)/45 of Bihar Prohibition and Excise Act.

It is alleged that 40 named accused persons including this petitioner and 15-20 unknown persons assaulted the police party with iron rod, lathi and stones. Total recovery is of 1000 litres of country made liquor.

Learned counsel appearing for the petitioner submits that allegation against the petitioner is general and omnibus in nature. No specific overt act is alleged against this petitioner. Similarly situated co-accused persons, namely, Ranjeet Manjhi,

Patna High Court CR. MISC. No.20315 of 2023(2) dt.15-05-2023 2/2 Rajballabh Manjhi and Sunita Devi have been granted bail by the co-ordinate Bench of this Court in Cr. Misc. No. 58985 of 2022. Petitioner has got no criminal antecedent. Learned counsel for the State opposes the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released 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 Act, Patna in connection with Gopalpur Police Station Case No. 309 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T