Amawas Manjhi vs The State Of Bihar
2021 Latest Caselaw 1818 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 33855 of 2020
         Arising Out of PS Case No.-609 Year-2020 Thana- MARHOWRAH District- Saran
     ======================================================

1. Amawas Manjhi, aged about 40 years, Male, Son of Late Megha Manjhi.

2. Arun Manjhi @ Arun Kumar Manjhi, aged about 25 years, Male Son of Rajendra Manjhi.

Both are residents of Village- Semrahiyan, PS- Marhowrah, District- Saran (Chapra).

... ... Petitioner/s Versus The State of Bihar

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

     For the Petitioner/s   :        Mr. Bashisth Narayan Mishra, Advocate
     For the State          :        Mr. Nand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-03-2021

Heard Mr. Bashisth Narayan Mishra, learned counsel

for the petitioners and Mr. Nand Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Marhowrah PS Case No. 609 of 2020 dated 08.07.2020, instituted

under Sections 30 and 30(a) of the Bihar Prohibition and Excise

Act, 2016.

3. The allegation as per the FIR is that the police

received secret information that co-accused Arun Rai, Ranjeet Rai

and Shailendra Rai have got illicit liquor for trade and upon raid

near a pond, 135 litres of countrymade wine was recovered and Patna High Court CR. MISC. No.33855 of 2020 dt.26-03-2021

many people fled away in which the petitioners have also been

named.

4. Learned counsel for the petitioners submitted that as

per the FIR itself, the recovered wine did not belong to them and

the only allegation is that six persons had fled away including the

petitioners but without there being any allegation that the

recovered liquor belonged to them. It was submitted that the

petitioners have no criminal antecedent and co-accused Arun

Kumar Yadav @ Arun Kumar Rai @ Arun Rai and Sikandar Nut

@ Sikendra Nut @ Ledaha have been granted anticipatory bail by

co-ordinate Benches by order dated 05.03.2021 in Cr. Misc. No.

31067 of 2020 and order dated 23.12.2020 in Cr. Misc. No. 31369

of 2020, respectively, and Shailendra Rai has been granted regular

bail by a co-ordinate Bench by order dated 02.12.2020 in Cr.

Misc. No. 31252 of 2020. It was submitted that there is no

recovery from the house of the petitioners of any liquor.

5. Learned APP submitted that the petitioners were

among the persons who had run away from the spot where

countrymade liquor was recovered and, thus, they are also guilty.

However, it was not controverted that in the FIR itself it has been

stated that the information received by the police was that the

wine was kept by three other named co-accused and the only Patna High Court CR. MISC. No.33855 of 2020 dt.26-03-2021

allegation against the petitioners is that they were also among the

persons who had fled away.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned 2nd Additional Sessions Judge-cum-Special Judge, Excise,

Chapra, District-Saran in Marhowrah PS Case No. 609 of 2020,

subject to the conditions laid down in Section 438(2) of the Code

of Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioners, (ii) that the petitioners

and the bailors shall execute bond with regard to good behaviour

of the petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent Patna High Court CR. MISC. No.33855 of 2020 dt.26-03-2021

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of their bail bonds.

7. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T