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Patna High CourtCR. MISC./36462/2018bail granted

Jamuna Manjhi And ORS v. The State Of Bihar

2018-06-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36462 of 2018 Arising Out of PS. Case No.-334 Year-2018 Thana- Barachatti District- Gaya ======================================================

1. Jamuna Manjhi Son of Krishna Manjhi

2. Munna Manjhi Son of Krishna Manjhi

3. Krishna Manjhi Son of Kesho Manjhi

4. Suresh Manjhi Son of Kesho Manjhi All of the above named petitioners are resident of Village - Balthar, P.S. - Barachatti, District - Gaya.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

28-06-2018 Heard Sri Yogesh Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Four petitioners, having clean antecedent, which fact has been stated in paragraph - 3 of the petition, apprehending their arrest in Barachatti P.S. Case No. 334 of 2018 registered for offence under Sections 30(a), 38, 47 of Bihar Prohibition and Excise Act, 2016, have prayed for grant of anticipatory bail on the ground that petitioners have falsely been implicated. It has been argued by learned counsel for petitioners that in this case, 30 liters of Mahua liquor was shown to be recovered from one Lalti Devi and on the basis of her confessional statement, petitioners were made accused, as if,

Patna High Court Cr.Misc. No.36462 of 2018(2) dt.28-06-2018 2/2 petitioners were owner of the same. He submits that beyond that statement, there is no other material against the petitioners. Considering the nature of accusation and clean antecedent of petitioners, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid four petitioners namely 1. Jamuna Manjhi, 2. Munna Manjhi, 3. Krishna Manjhi and 4. Suresh Manjhi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 334 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T