Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35091 of 2020 Arising Out of PS. Case No.-409 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== SANJAY MANJHI, S/o Ramesh Manjhi R/o Village- Chamarhara, P.S.- Mahnar, District- Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-03-2021 Heard Mr. Niranjan Parihar, learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mahnar P. S. Case No. 409 of 2019 dated 29.11.2019, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.35091 of 2020(2) dt.19-03-2021 2/3 51 litres of liquor is said to have been recovered from the hut belonging to the father-in-law of the petitioner.

The petitioner does not have criminal antecedents and in the event of there being no recovery from him, it has been urged that he be granted anticipatory bail as none of the offences under the provisions of the Excise Act can at all be said to have been made out against him.

Considering the afore-stated two facts, viz., the clean antecedents of the petitioner and there being no recovery from his possession, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IIcum-Excise Court, Vaishali at Hajipur, in connection with

Patna High Court CR. MISC. No.35091 of 2020(2) dt.19-03-2021 3/3 Mahnar P. S. Case No. 409of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T