Mantu Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1342 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Mantu Mandal, Son of Anandi Mandal,

2. Sanjay Rawat, Son of Sito Rawat,

3. Prakash Mandal, Son of Rameshwar Mandal, All resident of VillageDhamana, P.S.- Jhajha, Dist- Jamui. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 272, 273 of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 45 litres of Mahua liquor is said to have been recovered.

It has been submitted on behalf of the petitioners that the petitioner no.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of secret information. The source and genuineness of secret information has not been disclosed by the prosecution. Except for

Patna High Court Cr.Misc. No.1342 of 2018 (2) dt.10-01-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 45 litres of liquor is recovered by the side of a river in an abandoned stage. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Jhajha P.S. Case No.186/2017, on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T