Upendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37551 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Upendra Manjhi Son of Ramjee Manjhi Resident of Village - Baniyadih, P.S.- Parnadabar, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Parnadabar P.S. Case No.77 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 15 ltr. country-made liquor was recovered from a place beneath the stairs of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the stair is situated outside of the house of the petitioner and it is accessible to all. Learned counsel further submitted that neither the petitioner is involved in the business of the liquor nor he has concern with the said seized

Patna High Court CR. MISC. No.37551 of 2024(2) dt.26-06-2024 2/2 liquor.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner is directed to be released on pre-arrest bail, in the event of his 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 learned Exclusive Special Excise-1, Nawada/concerned court in connection with Parnadabar P.S. Case No.77 of 2024, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J.) Ashishsingh/- U T