Rakesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24197 of 2022 Arising Out of PS. Case No.-293 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== RAKESH MANJHI Son of Pallu Manjhi Resident of Village - Bhuwan Chapra, P.s.- Chakia, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-08-2022 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 Chakia P.S. Case no. 293 of 2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of 5 litres of country made liquor from the joint house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. The alleged house is a joint property. Neither the petitioner was arrested nor any

Patna High Court CR. MISC. No.24197 of 2022(2) dt.26-08-2022 2/2 incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the meager quantity of liquor, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chakia P.S. Case no. 293 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge, East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U