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Patna High CourtCR. MISC./42319/2021bail granted

Hardelia Manjhi @ Mithlesh Kumar Manjhi v. The State Of Bihar

2022-03-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42319 of 2021 Arising Out of PS. Case No.-230 Year-2018 Thana- JALALPUR District- Saran ====================================================== HARDELIA MANJHI @ MITHLESH KUMAR MANJHI S/o Bhola Manjhi Resident of Village - Kotheya, P.S. Jalalpur, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30 (a) and 37(a) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of about 50 liters of country made wine near the Machhali Hatta at Sakaddi market. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery of liquor from the conscious or constructive possession of the petitioner. He further submits that the petitioner was not apprehended at the spot.

Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.42319 of 2021(2) dt.03-03-2022 2/2 prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Saran at Chapra in connection with Jalalpur P.S. Case No. 230 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T