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Patna High CourtCR. MISC./41684/2023dismissed

Sikandar Manjhi @ Sikendar Manjhi @ Sikandrar Manjhi v. The State Of Bihar

2023-08-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41684 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== SIKANDAR MANJHI @ SIKENDAR MANJHI @ SIKANDRAR MANJHI Son of Vaijyanath Manjhi Resident of Village- Gandhar, PS- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 5 liters of country made mahua wine is said to have recovered from the house of the petitioner. He submits that allegation against the petitioner managed to ran away from the place of occurrence. He submits that the house is the joint family property where this petitioner

Patna High Court CR. MISC. No.41684 of 2023(2) dt.04-08-2023 2/2 along with other family members resides. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

4. Learned A.P.P. for the State opposes the prayer for bail and submits that petitioner is involved in the selling of the illegal liquor. Hence, he does not deserve anticipatory bail.

5. Considering the facts and circumstance of the case and the fact that the said recovery is made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Muffasil P.S. Case No. 299 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T