Patna High CourtCR. MISC./13980/2019disposed

Moti Manjhi v. The State Of Bihar

2019-03-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13980 of 2019 Arising Out of PS. Case No.-345 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Moti Manjhi, Son of Late Munshi Manjhi, Resident of Village - Baladih, Bhui Toli, P.S- Belaganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2.

For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the FIR is to the effect that from the house of the petitioner, 2.5 litres of country made Mahua liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no.3 of the petition that apart from present case, the petitioner is also made accused in one other case of similar nature.

Learned APP submits that recovery has been made from

Patna High Court CR. MISC. No.13980 of 2019(2) dt.07-03-2019 2/2 the house of the petitioner.

Considering the recovery from the house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Belaganj P.S. Case No. 345 of 2018, pending in the Court of learned Special Judge, Excise, Gaya.

However, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T