Ramdeo Manjhi @ Ramdev Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84316 of 2024 Arising Out of PS. Case No.-675 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.

Ramdeo Manjhi @ Ramdev Manjhi S/O Late Bishundhari Manjhi R/O Mohalla- Masadhi Mushahari, P.S- Gaurichak, Distt.- Patna. 2.

Chinta Manjhi W/O Suraj Manjhi R/O Mohalla- Masadhi Mushahari, P.SGaurichak, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Kumar Chaudhary For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2.

5. Now this application survives for petitioner no.1 only.

6. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 36 of the Bihar Prohibition and Excise Act.

7. Altogether 17 litres of country made liquor has been recovered from the spot.

Patna High Court CR. MISC. No.84316 of 2024(2) dt.31-01-2025 2/3

8. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. His name has been transpired in the present case merely on the basis of disclosure made by local villagers. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para 3 of the bail application

5. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.84316 of 2024(2) dt.31-01-2025 3/3 learned Court below where the case is pending/successor Court in connection with Gaurichak P.S. Case No. 675 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyers' Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) aditya/- U T