Mukesh Manjhi @ Mukesh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14443 of 2022 Arising Out of PS. Case No.-587 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== MUKESH MANJHI @ MUKESH KUMAR MANJHI Son of Raghuvir Manjhi @ Raghuni Manjhi Resident of Village - Bhanachak, P.S.- Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 39 litres of liquor along with 2000 litres of semi prepared liquor which was destroyed at the place of occurrence as detailed in the FIR. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.14443 of 2022(2) dt.15-07-2022 2/2 recovered from his conscious possession. He further submits that the name of the petitioner transpired in the confessional statement of apprehended co-accused Motilal Manjhi which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 587 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T