Patna High CourtCR. MISC./33485/2024bail rejected

Lakshaman Manjhi v. The State Of Bihar

2024-06-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33485 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- AMNAUR District- Saran ====================================================== Lakshaman Manjhi S/o Late Julum Manjhi R/o vill - Amnour Hata, P.S. - Amnour, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Amnaur P.S. Case No. 19 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, total 100 liters of liquor was recovered in front of the petitioner's house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery of liquor. No incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.33485 of 2024(3) dt.25-06-2024 2/2 Moreover, petitioner has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the FIR and having three criminal antecedents of similar nature. Hence, the petitioner does not deserve anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case, petitioner having criminal antecedents and the fact that the other co-accused, his regular bail was considered by this Court, this Court is not inclined to grant anticipatory bail to the petitioner.

7. The prayer is rejected.

8. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the Court below on its own merit without being prejudiced by this order of rejection.

(Rudra Prakash Mishra, J) Arish/- U T