Bhutta Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25831 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.

BHUTTA MANJHI Son of Late Raj Mangal Manjhi Resident of Village - Nonfarwa, Dhangar Toli, Police Station - Patahi, District - East Champaran. 2.

Kapil Manjhi Son of Late Jimdar Manjhi Resident of Village - Nonfarwa, Dhangar Toli, Police Station - Patahi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjana Srivastava For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 21 liters of liquor from a Banswari. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a place which

Patna High Court CR. MISC. No.25831 of 2023(2) dt.22-05-2023 2/2 does not belong to the petitioner as they are not the owners of the Banswari and they came to be implicated at the instance of Chowkidar, because of their antecedent, with whom they are on an inimical term.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 10,000/- (Rupees Ten Thousand) each 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 Patahi P.S. Case No. 267 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T