Patna High CourtCR. MISC./28607/2019dismissed

Kaushlendra Manjhi v. The State Of Bihar

2019-07-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28607 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== 1.

KAUSHLENDRA MANJHI Son of Babu Ram Manjhi Resident of VillageIsmailpur, P.S.- Ghosi, District- Jehanabad. 2.

Ramjee Manjhi Son of Babu Ram Manjhi Resident of Village- Ismailpur, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This application, for grant of anticipatory bail, arises out of Ghoshi P.S. Case No. 31/2019 (Excise Case No. 129/2019), disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 10 litres of liquor from the house of each of the petitioners.

Submission of learned counsel for the petitioners is that they have no criminal antecedent and have falsely been implicated in this case and the seizure list witnesses are not the local persons rather they are police officials. Learned counsel for the State opposed the prayer for bail and submitted that prima facie case is made out against the

Patna High Court CR. MISC. No.28607 of 2019(4) dt.16-07-2019 2/2 petitioners.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U