Mithilesh Manjhi @Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42002 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Mithilesh Manjhi @ Mithlesh Kumar S/O Bablu Manjhi R/O VillagePaharpur, P.S.- Kawakole, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

One person was apprehended with liquor on a motorcycle and another fled away. The person apprehended disclosed name of the petitioner.

Submission is that the petitioner has got no criminal antecedent. The petitioner has no concern with the said motorcycle or liquor. Confession of co-accused before the police has no evidentiary value.

Patna High Court CR. MISC. No.42002 of 2021(2) dt.15-12-2021 2/2 Considering the submission aforesaid especially lack of direct material, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kawakole P.S. Case No.21 of 2021, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T