Naresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50545 of 2016 Arising Out of PS.Case No. -514 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Naresh Manjhi Son of Kaqilu Manjhi, Resident of Village-Patner, P.S. and District-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narsingh Tanti, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 and 290 of the Indian Penal Code and Sections 30(a)(d)(g), 38(a) of the Bihar Excise Act. The prosecution case, in brief, is that the raiding party reached at the house of the petitioner and on search various utensils and articles used in manufacturing of mahua wine has been recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 300 ml mahua wine and 1.5 liters of country made liquor is

Patna High Court Cr.Misc. No.50545 of 2016 (2) dt.25-11-2016 2/2 said to have been recovered from the possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. case No.514 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T