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Patna High CourtCR. MISC./36006/2020disposed

Ashok Manjhi v. The State Of Bihar

2021-04-05Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36006 of 2020 Arising Out of PS. Case No.-512 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

ASHOK MANJHI, Son of Madan Manjhi Resident of Village-Bishunpur Patti, Musahar Tola, P.S.-Sahebganj, District-Muzaffarpur. 2.

AKHILESH MANJHI, Son of Late Deo Chandra Manjhi Resident of Village-Bishunpur Patti, Musahar Tola, P.S.-Sahebganj, DistrictMuzaffarpur. 3.

BHIKHARI MANJHI @ BHIKHAI MANJHI, Son of Krishna Manjhi Resident of Village-Bishunpur Patti, Musahar Tola, P.S.-Sahebganj, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioners and Mr Jai Narain Thakur, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Sahebganj P. S. Case No. 512 of 2019, dated 26.11.2019, instituted for the offences under Sections 272, 273, 414 and 34 of the Indian Penal Code and Sections 30 (a) and 30 (I) of Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.36006 of 2020(2) dt.05-04-2021 2/3 It has been submitted that on secret information that accused persons including the petitioners are brewing liquor in an unauthorized manner, a raid was conducted but the accused persons are said to have run away.

The learned counsel for the petitioners has submitted that nothing has been recovered from the houses of petitioner nos. 2 and 3, whereas only 3 litres of liquor is said to have recovered from the house of petitioner no. 1 but with respect to that also, no seizure list has been made.

The petitioners do not have criminal antecedents.

Be that as it may, regard being had to the factum of recovery of liquor from the house of petitioner no. 1, I am not inclined to grant anticipatory bail to him. His prayer for anticipatory bail therefore is rejected. The petitioner nos. 2 and 3, above-named, are directed to be released on bail, in the event of their

Patna High Court CR. MISC. No.36006 of 2020(2) dt.05-04-2021 3/3 arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, in connection with Sahebganj P. S. Case No. 512 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands disposed off.

(Ashutosh Kumar, J) skm/- U T