Manoj Manjhi @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25503 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== MANOJ MANJHI @ MANOJ KUMAR SON OF DASHRATH MANJHI RESIDENT OF VILLAGE- BICHLA TELPA, MAHARANI, ASTAHAN, PS- CHAPRA TOWN, DISTT- SARAN AT CHAPRA , BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with one antecedent and allegation is of recovery of 10 liters of liquor from a jar kept in the house of Birendra Sah.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on confessional
Patna High Court CR. MISC. No.25503 of 2023(2) dt.22-05-2023 2/2 statement of co-accused in police custody, which does not have any evidentiary value, even the alleged recovery is from a place which does not belong to the petitioner and petitioner has no concern with Birendra Sah.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chapra Town P.S. Case No. 514 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T