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Patna High CourtCR. MISC./25329/2023bail granted

Sanjeev Manjhi v. The State Of Bihar

2023-05-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25329 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- DANAPUR District- Patna ====================================================== Sanjeev Manjhi, Son Of Dasu Manjhi Resident Of Village -ASHOPUR Babakarpur Mushhari Tola, Ps- Danapur, Distt- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 30(c), 32(ii), (iii), 34, 36 and 41(i) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 50 litres of liquor from a place near a temple. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place, which is accessible to public at large and he came to be implicated at the instance of local people, but

Patna High Court CR. MISC. No.25329 of 2023(2) dt.22-05-2023 2/2 then the F.I.R. does not disclose the name of the person, who disclosed the name of the petitioner, which creates doubt with regard to the veracity of the allegation as alleged in the F.I.R. Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna in connection with Danapur P. S. Case No.286 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T