Jitan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30887 of 2024 Arising Out of PS. Case No.-206 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.

Jitan Manjhi, Son Of Late Pairu Manjhi Resident Of Village- Kaira, PsBarachatti, Dist- Gaya 2.

Barhamdeo Yadav, Son Of Parmeshwar Yadav Resident Of Village- Kaira, Ps- Barachatti, Dist- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 8(b), 18, 29 of the N.D.P.S. Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is next submitted that Upendra Yadav @ Upendra Kumar had approached this Court seeking anticipatory bail application by filing Cr. Misc. No.30779 of 2023 and the same was allowed by order dated 27.07.2023. It is further submitted that the case of

Patna High Court CR. MISC. No.30887 of 2024(2) dt.20-07-2024 2/3 the petitioner is akin to the case of Upendra Yadav @ Upendra Kumar. It is also submitted that petitioner will not abscond rather will cooperate in the investigation.

4. Learned A.P.P. opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judgecum-Special Judge, N.D.P.S. Act, Gaya in connection with Barachatti P. S. Case No.206 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

7. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themselves as and when required, the learned trial Court shall be at liberty to cancel the

Patna High Court CR. MISC. No.30887 of 2024(2) dt.20-07-2024 3/3 bail bonds of the petitioners after recording reasons.

8. Further, it is made clear that in the event, if chargesheet is filed connecting the petitioners with the offence in that event, the present anticipatory bail order shall loose its effect.

9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T