Jitan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4518 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Jitan Manjhi (Male), aged about 35 years, son of Shankar Manjhi, Resident of Village- Beladih, Bhui Toli, P.S.- Belaganj, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner. None appears on behalf of the State to oppose the prayer for anticipatory bail of the petitioner.

The petitioner is seeking anticipatory bail in connection with Belaganj P.S. Case No. 284/2018 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of learned Special Judge - Excise, Gaya.

Learned counsel for the petitioner submits that as per allegations six liters of Mahua liquor has been recovered from the house of the petitioner. Learned counsel however submits that on the seizure list there is deposition of only two Chowkidar and then the upper part of the seizure list has been filled up in different pen and there seems to be suspicious and

Patna High Court Cr.Misc. No.4518 of 2019(2) dt.11-02-2019 2/2 have been prepared in the police station.

Considering the facts and circumstances where it appears that the there is recovery of illicit liquor whatever be the quantity from the house of the petitioner, this court is not willing to grant the privilege of anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is refused.

In case, the petitioner surrenders in the court below and prays for regular bail within a period of four weeks from today his prayer for regular bail shall be considered by the court below without being prejudiced by the orders of this court and the same shall not be rejected only because the prayer of anticipatory bail has been rejected by this court. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T