Baiju Manjhi @ Baiju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33418 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== BAIJU MANJHI @ BAIJU PASWAN S/O SUBHASH PASWAN @ SUBASH MANJHI @ SUBHASH MANJHI R/O Village- Mahammadpur, Ward No.14 @ Mahamadpur Parsa, P.S.-Dariyapur, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 10 liters of liquor from a place behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted even alleged recovery is from a place which does not

Patna High Court CR. MISC. No.33418 of 2023(2) dt.25-05-2023 2/2 belong to the petitioner and he came to be implicated merely because the recovery was made from a place which was near his house, it is next submitted that it appears that the chowkidar in order to save the real culprits falsely implicated the petitioner, when admittedly petitioner is a person with clean antecedent. 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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dariyapur P.S. Case No. 48 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T