Bijendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17841 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- GOPALPUR District- Patna ====================================================== BIJENDRA MANJHI, (Male), aged about 51 years, S/o Jitu Manjhi, resident of Village- Bhelbara Musahri, P.S.- Gopalpur, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 50 of 2020, Special Case No. 1273/2020 for the offence registered under Sections 30(a), 30(d), 34, 36 and 44(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 150 liters wine is recovered from the houses of 17 persons including the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.17841 of 2021(2) dt.03-08-2021 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 150 liters wine is recovered from the houses of 17 persons. Out of which, 07 liters wine is said to have been recovered from joint house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned Special Judge, Excise Court, Patna, in connection with Gopalpur P.S. Case No. 50 of 2020, Special Case No. 1273/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.17841 of 2021(2) dt.03-08-2021 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T