Patna High CourtCR. MISC./31617/2023bail granted

Manoj Manjhi v. The State Of Bihar

2023-05-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31617 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- KOTWALI District- Patna ====================================================== MANOJ MANJHI S/O FALASING MANJI @ BALAK MANJHI RESIDENT OF VILLAGE- KAMLA NEHRU NAGAR, PS- KOTWALI, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 13 liters of liquor from bags thrown by the accused persons and Raju was arrested who disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.31617 of 2023(2) dt.23-05-2023 2/2 implicated based on the confessional statement of Raju in police custody which does not have any evidentiary value, it is next submitted that the police falsely implicated the petitioner because of his antecedents.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kotwali P.S. Case No. 55 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T