Dhano Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52116 of 2018 Arising Out of PS. Case No.-138 Year-2017 Thana- NARDIGANJ District- Nawada ====================================================== Dhano Manjhi S/o Late Badho Manjhi, R/o Vill.- Parama, P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nardiganj P.S. Case No. 138 of 2017, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that in course of patrolling, the Police apprehended a person who was found fleeing away on seeing the police party. From his possession, one litre country made liquor was recovered on search. It is also alleged that on his disclosure, certain other persons were apprehended. One of them disclosed names of 20 persons, including this petitioner, who were said to be involved in the sale of liquor. Learned counsel, appearing on behalf of the petitioner, has submitted that there is no recovery from the

Patna High Court Cr.Misc. No.52116 of 2018(2) dt.28-09-2018 2/2 petitioner and there is no allegation against the petitioner of his involvement in manufacture and sale of liquor. The petitioner has no criminal antecedents, as stated in paragraph 3 of the application.

Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise, Nawada, in Nardiganj P.S. Case No. 138 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U