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Nagendra Manjhi and Anr. v. The State Of Bihar

Patna HC26 Sept 2018CR. MISC./52101/2018

Case brief

AI extract

What is this about?

This order grants anticipatory bail to two petitioners facing charges under IPC Sections 272/273 and Bihar Prohibition and Excise Act pending registration of an FIR. The court fixed bail conditions including bond amount, sureties, and compliance with legal standards. No prior criminal history was established.

What did the court decide?

Petitioners granted anticipatory bail on furnishing bail bonds of Rs.10,000 each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judg

Nagendra Manjhi and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52101 of 2018

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Arising Out of PS. Case No.-146 Year-2018 Thana- LALGANJ District- Vaishali

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======================================================

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1. Nagendra Manjhi, S/o Ram Chandra Manjhi,

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Lal Chandra Manjhi @ Lalchand Manjhi S/o Dineshwar Manjhi, Both are R/o Vill.- Rikhar Manjhi Tola, P.S.- Lalganj, DistrictVaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. C. Jawahar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 26-09-2018

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Heard learned counsel for the petitioners and learned APP for

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the State.

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The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and sections 30(a), 32(2) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 85 liters wine is recovered.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired as the abandoned hut in question belonged to joint family of the petitioners. Except for this, there is no other substantive evidence to suggest the implication of the

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Patna High Court Cr.Misc. No.52101 of 2018(2) dt.26-09-2018 2/2

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petitioners in this case. It is alleged that 85 liters wine is recovered out of which 5 liters wine each have been recovered from the hut belonging to the joint family of petitioner nos. 1 and 2 respectively as per seizure list. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

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Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2^nd Additional Sessions Judge -cum- Special Judge, Excise Act, Vaishali in connection with Lalganj P.S. Case No. 146 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Nagendra Manjhi and Anr. v. The State Of Bihar

Case brief

What is this about?

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Nagendra Manjhi and Anr. v. The State Of Bihar

Case brief

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