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Patna High CourtCR. MISC./25611/2022dismissed

Hallu Manjhi v. The State Of Bihar

2022-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25611 of 2022 Arising Out of PS. Case No.-742 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== HALLU MANJHI Son of Late Gariban Manjhi Resident of Mohalla - Unta Madarpur, P.S. and District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise (Amendment) Act, 2016.

Allegedly, 15 litres of country made liquor is said to have been recovered from the room of the petitioner. The allegation against the petitioner is that after seeing police, he fled away from the spot.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.25611 of 2022(2) dt.31-08-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that the said recovery has been recovered from the common rented house and petitioner is one of the member who resides in the said house. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the recovery has been made from the rented house of the petitioner, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T