Dashai Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14513 of 2022 Arising Out of PS. Case No.-552 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== DASHAI MANJHI Son of Late Akalu Manjhi Resident of Village - Jaukatiya Musahari Tola, Ward No.07, P.S.-Majhaulia, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 31 litres of liquor out of which 10 litres is alleged to be recovered from the straw house of the petitioner.

Submission is that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the straw house is an area outside the premises of the house and is an open area, as such, the petitioner was completely unaware that straw house was misused by some

Patna High Court CR. MISC. No.14513 of 2022(2) dt.22-07-2022 2/2 miscreants for keeping liquor. Petitioner has got no criminal antecedent.

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

Considering the submissions aforesaid, let 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.2,000/- (Rupees Two 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. 552 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T