Raj Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9919 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- DARAUNDHA District- Siwan ====================================================== Raj Kumar Manjhi Son of Bhagirath Manjhi @ Bhagirathi Manjhi Resident of Daraudha Paswan Chowk, P.S. Daraudha, District Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar For the Opposite Party/s :

Mr. IFTEKHAR MAHMOOD ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Daraudha P.S. Case No. 151 of 2017 registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 17.28 litres of illicit liquor from the brother of the petitioner.

The learned counsel for the petitioner submits that the brother of the petitioner during the course of interrogation by the Police confessed that the petitioner herein was doing the business of illicit liquor, however, he submits that neither any recovery has been made from the person of the petitioner nor he

Patna High Court Cr.Misc. No.9919 of 2018(2) dt.27-02-2018 2/2 has any knowledge about the illicit liquor. It is submitted that the petitioner is having a clean antecedent. Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Siwan in connection with Daraudha P.S. Case No. 151 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T