Tusi Manjhi @ Ramesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28978 of 2020 Arising Out of PS. Case No.-484 Year-2019 Thana- RUPASPUR District- Patna ====================================================== TUSI MANJHI @ RAMESH MANJHI Son of Late Munna Manjhi Resident of Sewari Nagar, P.S.- Rupaspur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arwind Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Virendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2020 Heard Mr. Arwind Kumar, learned counsel for the petitioner and Mr. Kumar Virendra Narayan, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends arrest in connection with Rupaspur P.S. Case No. 484 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that 80 litres of illicit Mahua liquor has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and he has not committed any offence in the manner

Patna High Court CR. MISC. No.28978 of 2020(2) dt.18-12-2020 2/2 alleged. Learned counsel further submits that petitioner has got no criminal antecedent and at the time of search and seizure the procedure prescribed under Section 100 Cr. P.C. has not been followed by the Police.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the illicit liquor has been recovered from the house of the petitioner, accordingly, in view of full Bench Judgment of this Court reported in 2019 (2) PLJR 1089, I am not inclined to exercise my discretion for grant of anticipatory bail to the petitioner.

As such, the prayer for anticipatory bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T