Kamlesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46805 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- AMNAUR District- Saran ====================================================== 1.
KAMLESH MANJHI SON OF JAI MANJHI RESIDENT OF VILLAGEAMNOUR AGUAN, P.S. AMNOUR, DISTT.- SARAN AT CHAPRA 2.
HARMESH MANJHI @ SARAL MANJHI SON OF JAI MANJHI RESIDENT OF VILLAGE- AMNOUR AGUAN, P.S. AMNOUR, DISTT.- SARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30 and 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 390 liters of liquor from the house of Jai Manjhi and from the possession of Anish Manjhi.
4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.46805 of 2023(2) dt.24-07-2023 2/2 was recovered from their conscious possession and they came to be implicated based on the confessional statement of Anish in police custody which does not have any evidentiary value, it is next submitted that the police in mechanical manner implicated the petitioners being brother of Anish Manjhi.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Amnour P.S. Case No. 37 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T