Mohan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6273 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Mohan Manjhi S/O LATE TETAR MANJHI RESIDENT OF BABHNA WARD NO. 2, SIGHADI PAR PS. AND DIST. JEHANABAD. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath For the Opposite Party/s :
Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Jehanabad Town P.S. Case No.10/2023 registered for the offence punishable under Sections 30(a)(c) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and an allegation is of recovery of 80 litres of liquor out of which 30 litres is said to have been recovered from the house of the petitioner. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that the house is a joint family property as such it cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.6273 of 2024(2) dt.16-02-2024 2/2 had kept the liquor in the house. It is next submitted that the after 2018 amendment of the Excise Act, the concept of deemed possession and presumed offender has been done away with.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.5000/- (Rupees Five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Jehanabad in connection with Jehanabad Town P.S. Case No.10/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T