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Patna High CourtCR. MISC./25905/2025bail granted

Sadan Manjhi v. The State Of Bihar

2025-05-15Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25905 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- PUNPUN District- Patna ====================================================== 1.

Sadan Manjhi Son of Santokhi Manjhi @ Late Santokhi Manjhi R/villKalavanchak, P.S.- Kevra O.P. Punpun, Distt- Patna 2.

Fekan Chaudhari son of Yugeshwar Chaudhari @ Jugeshwar Chaudhari R/vill- Kalavanchak, P.S.- Kevra O.P. Punpun, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2025 Heard the parties.

2. The petitioners are apprehending arrest in connection with Punpun P.S. Case No. 12 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act lodged on 12.01.2025 by the informant, Kailash Prasad Mandal.

3. As per the prosecution story, the informant alleged that upon secret information, raid took place and there is recovery/seizure of altogether 33 liters of country made liquor which led to the FIR.

4. Learned counsel for the petitioners submit that nothing has been recovered from their conscious possession,

2/5 they have no criminal antecedent and shall be diligently appearing in trial.

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also that the petitioners have no 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 their arrest or surrender before the subordinate court 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 the like amount each in connection with Punpun P.S. Case No. 12 of 2025 to the satisfaction of learned Spl. Judge Excise 2nd, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners 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;

(iii) the petitioners shall co-operate in the

3/5 investigation and make themselves available to the police as and when required;

(iv) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;

(v) the petitioners 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;

(vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

8. Having recorded the facts it is to be noted that the petitions are being drafted without any objection by the Stamp Reporter regarding number of lines. Rules-6 relates to formatting which read as follows:

6. Formatting.- 6.1. All the original typed text material including notice of motion, memorandum of parties, main petition or appeal, interlocutory application(s), reply, status report, affidavit, documents will be prepared electronically using the

4/5 following formatting style:

● Paper size: A-4 ● Top Margin: 1.5"

● Bottom Margin:1.3"

● Left Margin:1.75"

● Right Margin: 1.0"

● Alignment: Justified ● Font: Times New Roman ● Font size: 14 ● Line spacing: 1.5 ● if any document is typed in a local language in Trial Courts, it must be in prepared using Unicode Font 14.

6.2. The document should be coveted into Optical Character Recognition (OCR) unsearchable Portable Document Format (PDF) or PDF/A using any PDF converter or inbuilt PDF conversion plug-in provided in the software. PDF/A is the preferred format.

6.3. A document which is not a text document and has to be enclosed with the Action, should be scanned using an image resolution of 300 DPI (Dots per

5/5 inch) in OCR searchable mode and saved as a PDF document. The procedure for converting a document into an OCR searchable PDF as mentioned above and as required in clause 8.1 is set out in Appendix-III.

9. The contents clearly show that the present petition do not conform the same inasmuch as lines spacing of 1.5 has not been followed.

10. In that background, a cost of Rs.200/- is imposed to be paid to the Patna High Court Legal Services Committee and the receipt should be part of bail bond to be presented before the concerned Court.

(Rajiv Roy, J) Ravi/- U T