Sudama Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14293 of 2020 Arising Out of PS. Case No.-347 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== SUDAMA MANJHI, Son of Late Bangur Manjhi Resident of Village - Kotwa, P.S.- Paharpur, Dist.- East Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-08-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Paharpur P.S. Case no. 347 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, the informant and other Police personnel received information about selling of liquor near Raj brick-kiln in village-Lakhnipur, the informant and other Police personnel proceeded for there, when informant and other Police personnel reached near the brick-kiln then petitioner Sudama Manjhi was seen fleeing, while he was chased, but he succeeded to flee away. On search, one green clour plastic container containing five liter and one white colour plastic container containing one liter country

Patna High Court CR. MISC. No.14293 of 2020(2) dt.18-08-2020 2/2 made liquor recovered from there near the Mango tree. Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant and other Police personnel identified the petitioner fleeing from place of occurrence, but it is not disclosed in the F.I.R. that how the informant and other Police personnel identified the petitioner in fleeing condition from the place of occurrence. Further submission is that, in fact, due to dirty village politics, the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge IX-cum-Special Judge, Excise, East Champaran, Motihari in connection with Paharpur P.S. Case No. 347 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T