Tuntun Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20091 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- Bhopatpur District- East Champaran ====================================================== Tuntun Manjhi, S/O- Dasrasth Manjhi, r/o Village- Bisunpur Manjhi Tola, P.S.- Bhopatpur, Dist- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Suraj Kumar Tiwari, Advocate.
For the State :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bhopatpur P.S. Case No. 26 of 2024, dated 18.10.2024 registered for the offences punishable under Sections 30(a), 32 and 41(1) of Bihar Prohibition and Excise Amendment) Act, 2018.
3. As per allegation, 8 litres of illicit liquor has been recovered from the narrow lane situated in the back side of the house of the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is nothing to do with the alleged offence and the place from where the recovery is
Patna High Court CR. MISC. No.20091 of 2025(2) dt.23-04-2025 2/3 made, is accessible to public at large.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has 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 bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Bhopatpur P.S. Case No. 26 of 2024, 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 petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has
Patna High Court CR. MISC. No.20091 of 2025(2) dt.23-04-2025 3/3 concealed his criminal antecedents despite his 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 petitioner. (Jitendra Kumar, J) S.Ali/- U T