Patna High CourtCR. MISC./15258/2018bail granted

Mukesh Manjhi v. The State Of Bihar

2018-03-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15258 of 2018 Arising Out of PS. Case No.-394 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Mukesh Manjhi S/o Ram Ratan Manjhi, R/o Village- Salempur Mahadewa, P.S.- Mahadewa O.P., District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. SANJAY KUMAR TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273, 308, 420, 34 of the Indian Penal Code and Sections 30 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 90 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioners has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this,

Patna High Court Cr.Misc. No.15258 of 2018(2) dt.16-03-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 90 liters wine is recovered from the joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Siwan in connection with Siwan Muffasil (Mahadewa) P.S. Case No. 394 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.