Chhotak Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73326 of 2018 Arising Out of PS. Case No.-295 Year-2018 Thana- BARHARIA District- Siwan ======================================================

1. Chhotak Manjhi, Son of Late Ganauri Manjhi,

2. Sharma Manjhi, son of Late Yamuna Manjhi,

3. Upendra Manjhi, Son of Late Kapildeo Manjhi, All resident of Village- Koirygawan Dusadh Tola, P.S.- Barharia, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Barharia P.S. Case No. 295/2018 registered for the offences punishable under Sections 272, 273, 308/34 of the Indian Penal Code and 34(B)/36/38 of Bihar Prohibition and Excise Act, 2016.

Alleged recovery of country-made liquor was made near a bush and three women were caught by the police. The aforesaid apprehended women disclosed the name of the petitioners. Admittedly, neither the said recovery was made from the house of the petitioners nor from their possession.

Patna High Court Cr.Misc. No.73326 of 2018(2) dt.20-12-2018 2/2 Petitioners do not have any criminal antecedents. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that above-named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II -cum- Special Judge, Excise, Siwan in Barharia P.S. Case No. 295/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Spd/- U T