Bhartu Manjhi @ Bhatu Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63865 of 2025 Arising Out of PS. Case No.-185 Year-2019 Thana- PUNPUN District- Patna ====================================================== 1.
Bhartu Manjhi @ Bhatu Manjhi Son of Dukh lal Manjhi Resident of villageKevara, Lochna Mushari Ps- Punpun, Dist- Patna 2.
Dhanmatiya Devi Wife of Bigan Manjhi Resident of village- Kevara, Lochna Mushari Ps- Punpun, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Punpun P.S. Case No. 185 of 2019 for the offence under sections 147, 148, 149, 341, 323, 307, 337, 338, 427, 353, 379, 504 and 506 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act lodged on 19.07.2019.
3. As per the prosecution story, the Police on secret information, went to the house of Bigan Manjhi and recovered/seized 30 liters of mahua liqour and he was arrested. Thereafter, the locals gathered and attacked the Police causing injuries. Eighteen named and twenty to
2/4 twenty five unknown persons implicated. This led to the present FIR.
4. Learned counsel for the petitioners submit that only because they are locals, their names have come, never came to know about the said case, undertake to diligently appear in trial without fail and failure to do so, appropriate steps can be taken for cancellation of the bail bonds. The last submission is that without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioners submit that they intend to contribute Rs. 2,000/- each (totalling Rs. 4,000/-) to the Chief Minister's Relief Fund.
5. Learned APP opposes the prayer submitting that they have delayed coming to the Court.
6. Though there is delay in coming to the Court, considering the omnibus allegation that has come against them, undertaking have been given that they shall be appearing in the trial diligently, have no criminal antecedent and one of them is a lady, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs. 2,000/- each (totalling Rs.
3/4 4,000/-) to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned trial Court.
7. If, however, it is found that contrary to the statement made in paragraph-3, the petitioners have criminal antecedent, the present order shall become infructuous.
8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive JudgeII, Excise Act, Patna/concerned Court in connection with Punpun P.S. Case No. 185 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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
4/4 cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall in no way try to induce or 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 petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T