Ramanand Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1711 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -BHELDI District- SARAN ======================================================

1. Ramanand Manjhi S/o Mahadeo Manjhi

2. Lal Sah S/o Late Yogendra Sah .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 188, 272, 273, 34 of Indian Penal Code and Sections 30, 30(A) of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 50 litres of spirit is recovered.

It has been submitted on behalf of the petitioners that the petitioner no.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of disclosure made by co-accused, as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.1711 of 2018 (2) dt.10-01-2018 2/2 petitioners in this case. It is alleged that 50 litres of spirit is recovered from the motorcycle of co-accused. The motorcycle does not belong to the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Bheldi P.S. Case No.158/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T