Patna High CourtCR. MISC./37637/2022partly allowed disposal

Shankar Manjhi @ Shivshankar Manjhi v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37637 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

Shankar Manjhi @ Shivshankar Manjhi Son Of Faguni Manjhi Resident Of Village- Jitaura, Gopalpur, P.S.- Chakiya, District- East Champaran 2.

Poshan Manjhi Son Of Shanichari Manjhi Resident Of Village- Jitaura, Gopalpur, P.S.- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.1. Permission is accorded.

Accordingly, the petition of petitioner no.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.2 and learned APP for the State.

The petitioner no.2 is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of only ten liters of country made liquor from the house of petitioner no.2.

Patna High Court CR. MISC. No.37637 of 2022(2) dt.23-09-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that meagre quantity of liquor has been recovered from the possession of the petitioner no.2 and he has not been apprehended at the spot. Petitioner no.2 has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Poshan Manjhi, 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 Exclusive Special Excise Court no.1, Motihari, East Champaran in connection with Chakia P.S. Case No. 174 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U