Ganesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32808 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== GANESH MANJHI S/o- LATE NAGDEV MANJHI Village- Chirhut Mushari Ps- Parsa Bazar Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== 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 offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of five litres of liquor from a village. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated by the local people but then the FIR does not record the name of the local people who disclosed the name of the petitioner which creates doubt with regard to the veracity of the
Patna High Court CR. MISC. No.32808 of 2023(2) dt.24-05-2023 2/2 allegations as alleged in the FIR, when admittedly the petitioner is a person with clean antecedent and even the alleged recovery is from a place which does not belong to the petitioner. 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 Parsa Bazar P.S. Case No. 283 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T