Gaya Manjhi @ Gaiwa Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20524 of 2025 Arising Out of PS. Case No.-750 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1.
Gaya Manjhi @ Gaiwa Manjhi S/O Madeshwar Manjhi @ Maheshwar Manjhi R/O Village- Balapur, P.S- Belaganj, Distt.- Gaya. 2.
Makun Manjhi S/O Late Dukhan Manjhi R/O Village- Balapur, P.SBelaganj, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sinha, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Belaganj P.S. Case No. 750 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, lodged on 27.12.2024 by the informant, Rajan Kumar.
3. As per the prosecution story, the informant alleged that upon secret information, raided the place on the accused and there is recovery/seizure of 6 liters from the petitioner no.1 while from the petitioner no.2 is of 7 liters both country made liquor. This led to the F.I.R.
4. Learned counsel for the petitioner submits that recovery/seizure is from the house, an open place accessible to
Patna High Court CR. MISC. No.20524 of 2025(2) dt.30-04-2025 2/3 everyone, both do not have criminal antecedent and shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail.
6. Taking into account the aforesaid facts as also the recovery/seizure is from house, these two petitioners do not have criminal antecedent, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Excise Court No.02, Gaya, in connection with Belaganj P.S. Case No. 750 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.20524 of 2025(2) dt.30-04-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T