Patna High CourtCR. MISC./32502/2021disposed

Manoj Bhuiyan @ Khatun Bhuiyan @ Manoj Mandal v. The State Of Bihar

2022-02-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32502 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== MANOJ BHUIYAN @ KHATUN BHUIYAN @ MANOJ MANDAL SON OF MAHADI BHUIYAN @ MAHADI MANDAL R/O VILLAGEANAWAR DOHAR, P.S.- DOBHI, DISTRICT- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sherghati (Dobhi) P.S. Case no. 70 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 3 litres country made wine from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating

Patna High Court CR. MISC. No.32502 of 2021(3) dt.24-02-2022 2/2 article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below keeping in mind recovery of meager quantity of liquor. (Sunil Kumar Panwar, J) sushma/- U