Sharwan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19448 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- KHAIRA District- Saran ====================================================== SHARWAN MANJHI S/O- LATE SUDARSHAN MANJHI R/O- VILLAGEBARNPUR, WARD NO.- 15, P.S.- KHAIRA, DIST.- SARAN AT CHAPRA (BIHAR) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 5 litres of liquor from possession of Mira Devi, 8 litres from a place where petitioner was alleged to be sitting and 9 litres from a place where Jitendra Mahto was sitting, as such, total 22 litres of liquor was recovered. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.19448 of 2024(2) dt.21-03-2024 2/2 recovery is from a place which does not belong to the petitioner nor petitioner had any connection with Mira or Jitendra Mahto and he came to be implicated at the instance of chowkidar with whom he is on an inimical term.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, 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.10,000/- (Rupees ten thousand) 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 Khaira P.S. Case No.485/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T