Sanjay Manjhi @ Sanjay Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65260 of 2024 Arising Out of PS. Case No.-121 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Sanjay Manjhi @ Sanjay Bhuiya Son of Sanichar Manjhi Vill -Kewla Tola Barbadih, PS -Mohanpur, Dist -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Barachhati P.S. Case No. 121 of 2022 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2018 lodged on 15.02.2022 by the informant Ramdeep Yadav.

3. As per the prosecution story, the informant alleged that on information, raided the village and recovered/seized 10 litre 'Mahua' in a plastic gallon. Accordingly, the FIR.

4. Learned Counsel for the petitioner submits that nothing has been recovered from his conscious possession, he is a labour working in the field and do not have criminal antecedent.

Patna High Court CR. MISC. No.65260 of 2024(2) dt.01-10-2024 2/3

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Considering the submissions put forward by the parties as also no criminal antecedent of the petitioner, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 2, Gaya in connection with Barachhati P.S. Case No. 121 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.65260 of 2024(2) dt.01-10-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T