Surendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35737 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- HISUWA District- Nawada ====================================================== Surendra Manjhi Son in law of Thakuri Manjhi Resident of village- Hadasa, P.S. - Hisua, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner apprehends arrest in connection with Hisua P.S. Case No. 173/2024 registered for the offence under Section 30(a) Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the vehicle and house from where the alleged recovery of illicit liquor has been made does not belong to the petitioner. Nothing has been recovered from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him.

Patna High Court CR. MISC. No.35737 of 2024(2) dt.10-06-2024 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect may be taken into consideration while considering the bail application of the petitioner.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the court of Exclusive Special Court, Excise-1, Nawada in connection with Hisua P.S. Case No. 173/2024 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Arvind Singh Chandel , J) tusharika/- U T