Rajnath Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61715 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MAKER District- Saran ======================================================

1. Rajnath Manjhi , son of Shankar Manjhi, Resident of VillageHasanpura, P.S. - Maker, District- Saran.

2. Sanjay Sahani, son of Govardhan Sahani, Resident of VillageBaligaon, P.S. Parsa, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Vipin Kumar For the Opposite Party/s :

Sri Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 At the very outset, Sri Vipin Kumar, learned counsel for the petitioners in presence of Sri Parmanand Prasad , learned A.P.P. requests for withdrawal of the present anticipatory bail petition in respect of petitioner no. 2 namely Sanjay Sahani since prior to filing of the present case he was already made accused in an another case relating to offence under Bihar Prohibition and Excise Act, 2016. The prayer is allowed.

The anticipatory bail petition so far petitioner no. 2 is concerned stands dismissed as withdrawn.

Petitioner no. 1 apprehending his arrest in connection with Maker P.S. Case No. 43 of 2018 registered for the offence under Section 188/ 272/ 273/308 of the Indian Penal Code,

Patna High Court Cr.Misc. No.61715 of 2018(2) dt.06-10-2018 2/2 1860 and Section 30/ 30A/ 41/ 47 of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioners further submits that petitioner no. 1 namely Rajnath Manjhi is having clean antecedent and in this case he has been made accused only on suspicion on secret information, otherwise there is no plausible evidence to connect petitioner no. 1 in the present case. Be that as it may, considering the nature of accusation and clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let petitioner no. 1 namely : Rajnath Manjhi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VI - cum- Special Judge, Excise Act, Saran ( Chapra ) / concerned court in connection with Maker P.S. Case No. 43 of 2018 subject to the conditions as contemplated under Section 438 ( 2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T