Kavindra Manjhi @ Kavindra Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11787 of 2020 Arising Out of PS. Case No.-835 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Kavindra Manjhi @ Kavindra Majhi Son of Late Jaldhari Manjhi Resident of Village-Bangra Rabbi, Police Station-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Saraiya (Jaitpur O.P) P.S. Case no. 835 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on information being received, a raid was conducted and it is stated that 15 litres of country liquor was recovered from the bathan of the petitioner. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. He was not arrested at the spot. The alleged place of recovery is an open place which cannot be stated to be under the exclusive control of the

Patna High Court CR. MISC. No.11787 of 2020(3) dt.01-07-2020 2/2 petitioner. The petitioner has no criminal antecedent The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as also in view of the fact that the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Saraiya (Jaitpur O.P) P.S. Case no. 835 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U