Patna High CourtCR. MISC./3087/2020allowed

Modi Manjhi v. The State Of Bihar

2020-02-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3087 of 2020 Arising Out of PS. Case No.-104 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== Modi Manjhi, aged about 35 years, Gender, Male, Son of Ramun Manjhi, Resident of Village - Bedauli, P.S.- Bhagwanganj, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr.K.Kishore (App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagwanganj P.S. Case No. 104 of 2019 registered for the offence punishable under Section 30(a)(c)(d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 20 liters of country made liquor from the house of the petitioner. Learned counsel for the petitioner further submits that the house belongs to the joint family property. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner and the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.3087 of 2020(2) dt.29-02-2020 2/2 In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner subject to the condition that the petitioner is agreed to deposit Rs.10,000/- (ten thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Bhagwanganj P.S. Case No.104 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T