Wakil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16110 of 2023 Arising Out of PS. Case No.-592 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.

WAKIL MANJHI S/o Late Dukhan Manjhi R/o village- Dhobwal Bazar, P.S.- Baniyapur, Distt- Saran at Chapra.

2.

Mahesh Sah S/o Late Rameshwar Sah @ Rameshwar Sah R/o villageDhobwal Bazar, P.S.- Baniyapur, Distt- Saran at Chapra. 3.

Guddu Manjhi @ Guddu Kumar Paswan S/o Bali Manjhi @ Baliram Manjhi R/o village- Dhobwal Bazar, P.S.- Baniyapur, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 50 liters of liquor from the house of the petitioners. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that petitioners were not arrested from the spot

Patna High Court CR. MISC. No.16110 of 2023(2) dt.03-05-2023 2/2 as such nothing was recovered from their conscious possession, it is also submitted that the house is a joint family property, as such it cannot be alleged with certainty that it was petitioners who had kept the liquor in the house or the liquor was within their knowledge, when admittedly the petitioners are persons with clean antecedent.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baniyapur P.S. Case No. 592 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T