Suresh Manjhi @ Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32039 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== SURESH MANJHI @ SURESH RAM Son of Munshi Manjhi Resident of Village - Nanauk, P.O.-Bijubigha, P.S.-Buniyadganj, District-Gaya, PIN823003 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate 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 A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 20 litres of liquor from a motorcycle.

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 further submitted that petitioner being owner of the motorcycle came to be implicated. It is next submitted that no prudent person would

Patna High Court CR. MISC. No.32039 of 2023(2) dt.24-05-2023 2/2 use his own vehicle for committing a crime and thus would create evidence against himself and hence would get implicated when admittedly petitioner has antecedent. It is also submitted that petitioner was completely unaware that Rohit Kumar would misuse his vehicle in the manner as alleged who was arrested from the spot.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 101 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T