Rajnish Manjhi @ Rakesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54147 of 2017 Arising Out of PS. Case No.-7 Year-2017 Thana- MASAURHI District- Patna ====================================================== Rajnish Manjhi @ Rakesh Manjhi, Son of Rajendra Manjhi, Resident of Village- Sanghatpar Mushari, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. MD. ANZARUL HAQUE SAHARA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 323, 504, 427, 332 and 353 of the I.P.C. and Section 45 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the informant got information that the accused persons are preparing illegal country made Mahua liquor and a raid was made. The accused persons tried to put obstruction in discharging official duty of the informant and others.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.54147 of 2017(5) dt.18-01-2018 2/2 name of the petitioner has come on the basis of suspicion. Petitioner is said to be a member of unlawful assembly. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. case No.07 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T