Vasudeo Manjhi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51324 of 2018 Arising Out of PS.Case No. -334 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================
1. Vasudeo Manjhi Son of Chalitar Manjhi
2. Khelawan Manjhi Son of Ramdhani Manjhi
3. Kailash Manjhi Son of Preman Manjhi
4. Sukhdeo Manjhi Son of Late Kuleshwar Manjhi
5. Pandra Manjhi @ Padra Manjhi Son of Late Jago Manjhi
6. Surendra Manjhi Son of Dukhan Manjhi All of the above named petitioners are resident of Village - Balthar, P.S. - Barachatti, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sushant Praveer For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioners are apprehending their arrest in connection with Barachatti P.S. Case No. 334 of 2018, registered for offences punishable under Sections 30(a), 38 and 47 of the Bihar Excise Act, 2016.
Allegation against the petitioners is of recovery of 30 litres of country made liquor and articles for preparation of liquor. It has been submitted on behalf of the petitioners that though they are named in the F.I.R, however, nothing has been recovered from the possession of the petitioners rather the recovery has been made from the co-accused of this case and petitioners have falsely been implicated in this case. Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.51324 of 2018 (2) dt.14-09-2018 2/2 Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five 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 the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T