Dharam Nath Manjhi @ Dharma Nath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32123 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Dharam Nath Manjhi @ Dharma Nath Paswan S/O Late Ram Balak Manjhi R/O Village- Basantpur Khajurbani, P.S- Dighwara, Distt.- Saran At Chapra. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 100 litres of liquor from a bush. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place, which is accessible to public at large and does not belong to the petitioner and he came to be implicated by Chaukidar with whom he is on

Patna High Court CR. MISC. No.32123 of 2023(2) dt.24-05-2023 2/2 an inimical term because of his antecedent.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IInd-cum-Special Judge, Excise, Saran at Chapra in connection with Dighwara P. S. Case No.140 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T