Chhotan Manjhi @ Chhotan Kumar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81580 of 2024 Arising Out of PS. Case No.-379 Year-2024 Thana- MASHRAK District- Saran ====================================================== Chhotan Manjhi @ Chhotan Kumar Manjhi Son of Bishwanath Manjhi Resident of village - Chand Kudariya, P.S.- Masharakh, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tejpratap Singh, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Mashrakh P.S. Case No. 379 of 2024, dated 21.06.2024, registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per the allegation, 80 litre of country made liquor has been recovered from drainage adjacent to a road near the house of Suresh Pandit which is under construction.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated on account of suspicion. He further submits that recovery of the
Patna High Court CR. MISC. No.81580 of 2024(2) dt.04-12-2024 2/3 illicit liquor has not been made from his conscious possession or from his house. Hence, his personal liberty should be protected by enlarging the petitioner on anticipatory bail.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in two other cases.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Court of 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Mashrakh P.S. Case No. 379 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
Patna High Court CR. MISC. No.81580 of 2024(2) dt.04-12-2024 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T