Pappu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68184 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Pappu Manjhi Son of Dashrath Manjhi R/o- Korma Ps- Warsliganj DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Ranjan, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Warisaliganj P.S. Case No. 138 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 30.03.2024 by the informant, Bhola Prasad Singh.

3. As per the prosecution story, the informant alleged that while patrolling and on secret information, the place was raided and 10 liters of liquor was recovered/seized from the house of the petitioner while 800 liters of 'mahua' outside it. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession rather the mahua solution has been recovered outside the house while

Patna High Court CR. MISC. No.68184 of 2024(2) dt.03-10-2024 2/3 10 liters of liquor has been recovered from a joint house and he do not have any criminal antecedent.

5. Learned APP opposes the prayer submitting that 10 liters of liquor has been recovered/seized from his house.

6. In view of the submissions put forward by the parties as also the fact that nothing has been recovered from his conscious possession and he do not have any criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner 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 Special Excise Judge-2nd, Nawada in connection with Warisaliganj P.S. Case No. 138 of 2024 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 petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.68184 of 2024(2) dt.03-10-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner 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;

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