Patna High CourtCR. MISC./39936/2016rejected

Vijay Manjhi @ Dudhnath Manjhi v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39936 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -PARSA District- SARAN ======================================================

1. Vijay Manjhi @ Dudhnath Manjhi Son of Late Baijnath Manjhi Resident of Village-Banauta, P.S.-Parsa, District-Saran at Chapra (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioner apprehends his arrest in Parsa P.S. case No. 163 of 2015 under Section 272, 273 of the Indian Penal Code and under Section 47(a) of the Excise Act. The police got information that petitioner is indulged in trade of illicit liquor and on such house of the petitioner was searched. From the newly constructed house of the petitioner 25 liters of country made liquor and Rs. 5880/- were recovered. It is submitted that during the course of investigation, it has come that country made liquor was not recovered from the house rather the same was recovered from the Darwaja of the petitioner and for that the petitioner cannot be held responsible. Seizure list does not bear the signature of any family member of

Patna High Court Cr.Misc. No.39936 of 2016 (2) dt.20-09-2016 2/2 the petitioner.

It appears that 25 liters of country made liquor, besides the sale proceed of Rs. 5880/-, were recovered from the house of the petitioner. The petitioner managed to flee away. The petitioner was also noticed under Section 41 of the Cr. P. C. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T