Rajeshwar Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51101 of 2016 Arising Out of PS.Case No. -302 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Rajeshwar Manjhi, S/o Late Swarath Manjhi,

2. Dina Nath Manjhi, S/o Rajeshwar Manjhi, resident of Village- Mira Musheshwari, P.S. Chapra Muffasil, Distt- Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 188, 271, 273/34 of the Indian Penal Code and 47, 47(a) and 47(e) of the Bihar Excise Act. Allegation against petitioners is that from their house 15 litres of Mahua wine was recovered.

It has been submitted on behalf of the petitioners that they have got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioners. It is alleged that 15 litres of Mahua wine was recovered from the house of petitioners. There is no compliance of Section 100 of the Code of Criminal Procedure.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.51101 of 2016 (2) dt.29-11-2016 2/2 learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Mofussil P.S. Case no. 302 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T