Lakshman Manjhi @ Laxman Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31094 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- ATRI District- Gaya ====================================================== 1.

LAKSHMAN MANJHI @ LAXMAN MANJHI Son of Chaku Manjhi Resident of Village - Kharauna, P.S.- Atri, Distt - Gaya. 2.

Matlu Manjhi Son of Lakshman Manjhi Resident of Village - Kharauna, P.S.- Atri, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-03-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Atri P.S. Case No. 66 of 2020 registered under Sections 272, 273 of the Indian Penal Code and 30(a)(d) of the Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioners. Further submission is that petitioners have no criminal antecedent.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.31094 of 2020(2) dt.08-03-2021 2/2 opposed the prayer of the petitioner no. 1, Lakshman Manjhi @ Laxman Manjhi by contending that the alleged illicit liquor and its equipment have been recovered from his house. Hence, he does not deserve to be enlarged on bail.

Having considered the facts and circumstances of the case and the submissions advanced on behalf of the parties, prayer of the petitioner no.1 Lakshman Manjhi @ Laxman Manjhi is rejected.

As regards prayer for grant of anticipatory bail of petitioner no.2 Matlu Manjhi is concerned, he 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Gaya in connection with Atri P.S. Case No. 66 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T