Madho Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28813 of 2022 Arising Out of PS. Case No.-444 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== 1.

Madho Manjhi Son Of Tenhu Manjhi R/O Village- Mohkama, P.S.- Rajauli, District- Nawada.

2.

Arjun Manjhi Son Of Mishri Manjhi R/O Village- Mohkama, P.S.- Rajauli, District- Nawada.

3.

Dular Manjhi Son Of Mishri Manjhi R/O Village- Mohkama, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a)/(d) of the Bihar Prohibition and Excise Act.

On the secret information, the police raided the place of occurrence and recovered 40 litres of country made liquor, 2000 litres of fermented Java and a pipe. The petitioners are said to have fled away from the place of occurrence after seeing the police.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.28813 of 2022(2) dt.02-09-2022 2/2 petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that there is no recovery from the conscious possession of the petitioners.

The learned APP opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners are members of the syndicate involved in manufacturing of illicit liquor.

Taking into consideration the fact that petitioners are members of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Rajauli P.S. Case No.444 of 2021, pending in the court of learned Exclusive Special Excise Court No. IInd, Nawada.

(Anjani Kumar Sharan, J) Sanjay/- U T