Sitaram Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76028 of 2019 Arising Out of PS. Case No.-742 Year-2019 Thana- MADHAURAH District- Saran ====================================================== 1.

SITARAM MANJHI, aged about 60 years, (M), Son of Late Dharamnath Manjhi 2.

Ravi Ranjan @ Raviranjan Kumar, aged about 21 years (M) 3.

Raju Ranjan @ Raju Ranjan Kumar, aged about 24 years (M) Both Sons of Sitaram Manjhi All Resident of Village - Dhenuki, P.S.- Marhowrah, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Informant is a police officer who in his written complaint has alleged that 210 litres of country made liquor along with one motorcycle was recovered which was concealed near Dhenuki Girls School.

It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.76028 of 2019(2) dt.26-11-2019 2/3 case due to village rivalry and animosity. Nothing was recovered from their possession and the illicit liquor was recovered from a public place and not from the possession of the petitioners or from their house. Petitioners have been made accused on the basis of suspicion and the motorcycle which has been recovered from the place of occurrence also does not belong to the petitioners. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below in connection with Marhawraha P.S. Case No.742/19 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

Patna High Court CR. MISC. No.76028 of 2019(2) dt.26-11-2019 3/3

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T