Hanan Manjhi @ Henan Majhi @ Sohan Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33829 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- Belaganj District- Gaya ======================================================

1. Hanan Manjhi @ Henan Majhi @ Sohan Manjhi, S/o Bideshi Manjhi.

2. Budhan Manjhi, S/o Bideshi Manjhi.

3. Suresh Manjhi, S/o Dahu Manjhi.

4. Suresh Manjhi, S/o late Somar Manjhi.

5. Rabindra Manjhi, S/o Samo Manjhi.

6. Jatthu Manjhi @ Rabindra Manjhi, S/o Chain Manjhi. All are resident of Village - Bhalua, P.S. - Belaganj, District - Gaya. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Kunwar Narayan Jamuar For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-06-2018 Heard Sri Kunwar Narayan Jamuar, learned counsel for petitioners and learned Addl. Public Prosecutor. Six petitioners, having clean antecedent, which fact has been stated in paragraph - 3 of the petition apprehending their arrest in Belaganj P.S. Case No. 49 of 2018 registered for offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

By way of referring to F.I.R., learned counsel for petitioners submits that nothing was recovered either from conscious possession of the petitioners or from premises of the petitioners, rather from backside of house of petitioner no. 1, recovery of about 15 liter of Mahua liquor was shown and

Patna High Court Cr.Misc. No.33829 of 2018(2) dt.14-06-2018 2/2 petitioners have been made accused, as if, some of the villagers disclosed the name of all the petitioners. It has been argued that nothing has been indicated as to which of the villagers have disclosed the name of petitioners, only vaguely, petitioners were arrayed as accused.

In view of facts and circumstances, particularly the fact that nothing was recovered either from conscious possession or from premises of the petitioners as well as clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid six petitioners namely 1. Hanan Manjhi @ Henan Majhi @ Sohan Manjhi, 2. Budhan Manjhi, 3. Suresh Manjhi S/o Dahu Manjhi, 4. Suresh Manjhi S/o late Somar Manjhi, 5. Rabindra Manjhi and 6. Jatthu Manjhi @ Rabindra Manjhi be enlarged on 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 Special Judge, Excise, Gaya in connection with Belaganj P.S. Case No. 49 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T