Rajkumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14167 of 2024 Arising Out of PS. Case No.-309 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== Rajkumar Manjhi Son Of Kishun Nath Manjhi @ Kisnath Manjhi Resident Of Village - Kanuniya Mushahari, P.S. - Adapur, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rashmi Jha, Adv.

For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Adapur P.S. Case No. 309 of 2022 dated 22.10.2022 for the offences punishable u/ss 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 15 litres of illicit country made liquor was recovered behind the house of the petitioner and 100 litres of decayed jaggery was recovered from the field near the house of the petitioner. It is further alleged that 2.4 litres of illicit Nepali Kasturi liquor was recovered from the house of the co-accused, Hira Devi.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.14167 of 2024(2) dt.06-03-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner was disclosed by local people. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the

Patna High Court CR. MISC. No.14167 of 2024(2) dt.06-03-2024 3/3 above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Motihari, East Champaran in connection with Adapur P.S. Case No. 309 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T