Surendra Manjhi @ Hero Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32755 of 2018 Arising Out of PS. Case No.-181 Year-2017 Thana- GOPALPUR District- Patna ====================================================== Surendra Manjhi @ Hero Manjhi S/o Nanhak Manjhi, R/o Vill.- Kanauji Mushari, P.S.- Gopalpur, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar , Adv.

For the Opposite Party/s :

Mr. Md. Ashlam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Dhananjay Kumar, learned counsel for the petitioner and Mr. Md. Ashlam Ansari, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Special Case No.6490 of 2017, arising out of Gopalpur P.S. Case No.181 of 2017 registered for the offence under Sections 30(a), 37(c) of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail, in the event of his arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. It has further been argued that save and except the confessional statement of co-accused, there is no other cogent material to connect the petitioner in the present case.

Patna High Court Cr.Misc. No.32755 of 2018(3) dt.26-06-2018 2/2 Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail, but he has not disputed the fact that petitioner's name has come in confessional statement of co-accused.

Considering the fact that the petitioner is having clean antecedent as well as the fact that he has been made accused on the basis of confessional statement of co-accused, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Surendra Manjhi @ Hero Manjhi be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise , Patna in connection with Special Case No.6490 of 2017, arising out of Gopalpur P.s. Case No.181 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T