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Patna High CourtCR. MISC./73742/2019bail granted

Ravi Manjhi @ Ravi Kumar v. The State Of Bihar

2019-11-26Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73742 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Ravi Manjhi @ Ravi Kumar Son of Ranjit Manjhi, R/o - Karmatarn, P.S.- Kawakol, District- Nawada.

2.

Kalector Manjhi @ Amit Manjhi Son of Majid Manjhi @ Maljeet Manjhi R/O - Karmatarn, P.S.- Kawakol, District- Nawada. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Kawakol P.S. Case No. 204 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and their names have transpired in the confessional statement of co-accused Kiran Devi. Learned counsel further submits that the illicit liquor was not recovered from the conscious possession of the petitioners.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.73742 of 2019(2) dt.26-11-2019 2/3 bail.

Considering the facts and circumstances of this case, wherein it is the submission of learned counsel for the petitioners that the illicit liquor has not been recovered from the possession of the petitioners, the motorcycle in question does not belong to the petitioners and that they have no criminal antecedent and their names have come only in the confessional statement of the coaccused, save and except there is no material to connect these petitioners in the present case, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Nawada in connection with Kawakol P.S. Case No. 204 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

Patna High Court CR. MISC. No.73742 of 2019(2) dt.26-11-2019 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) ved/- U T