Bhushan Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62532 of 2017 Arising Out of PS.Case No. -256 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================

1. Bhushan Manjhi, S/o Ramrup Manjhi,

2. Sikanti Devi W/o Ramashish Majhi,

3. Ram Prawesh Manjhi S/o Ramashish Manjhi,

4. Chandeshwar Manjhi @ Chandradeo Manjhi S/o Babu Chandra Manjhi, All are R/o Village- Adampur, Piplawan Matkhan, P.S.- Naubatpur, District- Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 30(A), 37(C)/38 of Bihar Prohibition and Excise (Amendment) Act, 2016.

The prosecution story, in brief, is that total 10 litres of liquor is said to have been recovered.

It has been submitted on behalf of the petitioners that the petitioners have 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 suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is

Patna High Court Cr.Misc. No.62532 of 2017 (2) dt.08-01-2018 2/2 alleged that total 10 litres of liquor is recovered from the joint houses of the petitioners, where other family members also reside. 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 Special Case No.5386/2017, arising out of Naubatpur P.S. Case No.256 of 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 Special Judge, Excise, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T