Jaleshwar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13343 of 2022 Arising Out of PS. Case No.-633 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Jaleshwar Manjhi, Son Of Kamraj Manjhi Resident Of Village- Fatahabad, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 05 litre of liquor from his house. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that from perusal of the seizure list, it would manifest that the same does not bear the signature of any family members of the petitioner as witness. It is further submitted that had the house

Patna High Court CR. MISC. No.13343 of 2022(2) dt.15-07-2022 2/2 been searched or raided, then either the family members or any neighbor would have been witnessed on the seizure list. It is submitted that the witnesses on the seizure list are police officials and chaukidar. Thus, a doubt is created with regard to the veracity of the allegation.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Paroo P. S. Case No.633 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T