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Patna High CourtCR. MISC./49167/2019bail granted

Bablu Manjhi v. The State Of Bihar

2019-08-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49167 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

BABLU MANJHI, aged about 34 years, Male, Son of Dipti Manjhi, Resident of Ashiana Digha More Mushari, P.S.-Sastrinagar, Patna, at present Resident of Maurya Path Mushari, P.S.-Sastrinagar, District-Patna. 2.

Bhola Manjhi, aged about 45 years, Male, Son of Dasrath Manjhi, Resident of Village-Ashiana Digha More Mushari District-Patna at present residing at Mauriya Path Mushari, P.S.-Sastrinagar, District-Patna. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Shastri Nagar P.S. Case No. 252 of 2019 (Special Case No. 3196 of 2019), registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation has been made that about 21 liters of Mahua liquor has been recovered from the house petitioner no.1 and 22 liters of Mahua wine has been recovered from the house of petitioner no.2.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.49167 of 2019(2) dt.06-08-2019 2/2 petitioners have no criminal antecedent.

Looking to the entire facts and circumstances of the case as also the fact that the petitioners have no criminal antecedent, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Shastri Nagar P.S. Case No. 252 of 2019 (Special Case No.3196 of 2019), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioners. If they are having clean antecedent, then their bail bonds would be accepted. If they are found to be involved in any other case before filing of this application i.e. 05.08.2019 then their bail bonds would not be accepted.

(Shivaji Pandey, J) pawan/- U T