Shankar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26130 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Shankar Manjhi Son Of Mathura Manjhi Resident Of Village- Bala, PsBasantpur, (Lakri Nabiganj) Disst- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Sections 272, 273, 328, 308, 304, 120(B) and 34 of the Indian Penal Code read with Sections 30(a), 37(b), 33 and 34 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation against the petitioner and other accused is of manufacturing spurious liquor, further the persons who drunk the liquor became ill, started vomiting and even lost their eyesight. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case rather petitioner himself is one of the persons who was being treated at

Patna High Court CR. MISC. No.26130 of 2023(2) dt.16-05-2023 2/2 the hospital, as after consuming liquor he also did not feel well, it is next submitted that petitioner is not the manufacturer of spurious liquor.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the offence alleged against the petitioner is very serious in nature because it has the effect of taking life of poor people who no doubt are not allowed to drink in the State of Bihar but then taking advantage of the prohibition, people like petitioner they indulge in manufacturing spurious liquor for financial gains which leads to catastrophe like this.

Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T