Chander Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39857 of 2017 Arising Out of PS.Case No. -339 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Chander Manjhi, Son of Mahabir Manjhi, Resident of Tulsi Dah Hadia Dag Tola, P.S. Mohanpur (Barachatti), District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh, Advocate. For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barachatti (Mohanpur) P.S. Case No. 339 of 2016 instituted for the offence under Sections 272, 273 of the Indian Penal Code Section 47(a) of Bihar Excise Reforms Act, 2016.

It is alleged that petitioner is indulging in business of sale and purchase of country made (Mahua) liquor. Learned counsel for the petitioner has submitted that he has clean antecedent.

In the seizure list it is mentioned that 50 litres of Mahua liquor has been recovered from the house of this petitioner but the seizure list does not bear the signature either of the petitioner or any of his family members.

Patna High Court Cr.Misc. No.39857 of 2017 (7) dt.13-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mohanpur (Barachatti) P.S. Case No. 339 of 2016, G.R. No. 1432 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.