Anant Manjhi And Others vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Nawal Kishore Singh, learned counsel for the petitioners and Mr. Pranav Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioners are in custody in connection with Marhowrah PS Case No. 73 of 2020 dated 07.02.2020 instituted under Sections 379, 411, 427/34 of the Indian Penal Code and 30, 30(a) of the Bihar Prohibition and Excise Act, 2016.

The petitioners, who are brothers, are alleged to have been caught while trying to run away at 2:00 AM in the night after committing theft in a shop and from their possession, some fruits, sweets as also one iron fasuli, which was used to break the locks, were recovered and from their house, 50 litres of countrymade mahua liquor was also recovered.

Learned counsel for the petitioners submitted that the petitioners were caught from the street but without any articles and the allegation is false. It was further submitted that the petitioner no. 1 has been implicated in one other case of similar nature in which he is on bail and petitioner no. 2 has no other criminal antecedent. Learned counsel submitted that the petitioners are in custody since 07.02.2020.

Learned APP submitted that the petitioners have committed theft and taken away fruits and sweets from the shop and from their house, there is recovery of 50 litres of countrymade mahua liquor.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let 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 Act, Saran at Chapra in Marhowrah PS Case No. 73 of 2020 subject to the conditions (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 criminal activity, 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 on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

The application stands disposed off in the aforementioned terms.