Manik Manjhi @ Manik Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56127 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.
Manik Manjhi @ Manik Kumar Son Of Mr. Nago Manjhi Resident Of Village - Oiyaw, P.S. - Asthawan, District - Nalanda 2.
Renu Devi Wife Of Mr. Ramjanam Manjhi Resident Of Village - Oiyaw, P.S. - Asthawan, District - Nalanda 3.
Ram Janam Manjhi @ Ram Janam Kumar Son Of Mr. Nago Manjhi Resident Of Village - Oiyaw, P.S. - Asthawan, District - Nalanda 4.
Nago Manjhi Son Of Late Mathura Manjhi Resident Of Village - Oiyaw, P.S. - Asthawan, District - Nalanda 5.
Akash Devi Wife Of Mr. Nago Manjhi Resident Of Village - Oiyaw, P.S. - Asthawan, District - Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh For the Opposite Party/s :
Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024
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 offence punishable under Sections 147, 149, 341, 342, 353, 332, 333, 337, 338, 307, 224, 225 of the I.P.C. and Sections 30(a) and 45 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 5 litres of liquor from a room inside the house of
Patna High Court CR. MISC. No.56127 of 2024(2) dt.08-08-2024 2/3 Sanoj Kumar. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and they came to be implicated in the instant case in a mechanical manner without holding proper investigation when they do not have any concern or relation with Sanoj.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each 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 Asthawan P.S. Case No.97/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedents of the petitioners and in the event if it is
Patna High Court CR. MISC. No.56127 of 2024(2) dt.08-08-2024 3/3 found that petitioners have antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T