Bhushan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29936 of 2023 Arising Out of PS. Case No.-573 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

BHUSHAN MANDAL SON OF RAM BILASH MANJHI RESIDENT OF VILLAGE- BUDH CHARAIYA, PS- WAZIRGANJ, DISTT- GAYA 2.

RANI DEVI WIFE OF SUMAN MANJHI RESIDENT OF VILLAGEBUDH CHARAIYA, PS- WAZIRGANJ, DISTT- GAYA 3.

SONALI KUMARI @ SUDAM KUMARI DAUGHTER OF RAM BILASH MANJHI RESIDENT OF VILLAGE- BUDH CHARAIYA, PSWAZIRGANJ, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar. Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 224, 225, 353, 504 and 506 of the Indian Penal Code and under Sections 26, 27 and 35 of the Arms Act and under Sections 30(a), 30(b) and 45 of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioner nos. 2 and 3 are persons with clean antecedent and petitioner no. 1 has antecedent of two cases and allegation is of recovery of 10 liters of liquor from a Samudayik Bhawan.

Patna High Court CR. MISC. No.29936 of 2023(2) dt.18-05-2023 2/2 Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession, it is next submitted that they came to be implicated based on suspicion when alleged recovery is also from a place which is accessible to public at large and does not belong to the petitioners. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 573 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T