Rajesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23802 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- AMARPUR District- Banka ====================================================== RAJESH MANJHI SON OF LATE NAGESHWAR MANJHI RESIDENT OF VILLAGE - FULLIDUMAR, POLICE STATION - FULLIDUMAR, DISTRICT - BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15 liters of liquor from the Khalihan of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and Khalihan is a space outside the house and is accessible to public at large. It is next submitted that no prudent person would use his own premise for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is

Patna High Court CR. MISC. No.23802 of 2024(2) dt.02-04-2024 2/2 also submitted that it appears that someone inimical to the family of the petitioner deliberately planted meager amount of liquor for getting the entire family of the petitioner implicated.

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

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Amarpur (Fulidumar) P.S. Case No. 56 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T