Anil Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36943 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ======================================================

1. Anil Manjhi

2. Ravi Manjhi Both are son of Shankar Manjhi, Resident of Mohalla- North Dahiyawa Tola, P.S. Chapra Town, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Mukesh Kumar Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2018 Heard Sri Mukesh Kumar Singh, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition , apprehending their arrest in connection with Excise P.S. Case No. 127 of 2018 , registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners by way of referring to page no. '10' i.e. report of the Excise Inspector submits that it is evident that father of petitioners was

Patna High Court Cr.Misc. No.36943 of 2018(2) dt.29-06-2018 2/3 apprehended from a place and it was alleged that from the said place their father was indulged in sale and purchase of liquor, however, petitioners being son of the main accused, who had been apprehended, have been made accused . He submits that only due to the reason that petitioners are son of the main accused who was apprehended with liquor, they have been made accused as if after noticing Police both fled away.

Besides hearing, I have perused the materials available on record.

In view of the fact that father of petitioners was already arrested and in column no. '6' of the report also it has been indicated that place was occupied by father of petitioners as well as clean antecedent of both petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners (1) Anil Manjhi and (2) Ravi Manjhi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned 6th A.D.J. / Special Court , Excise, Saran , Chapra / concerned court in connection with Excise P.S. Case

Patna High Court Cr.Misc. No.36943 of 2018(2) dt.29-06-2018 3/3 No. 127 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T