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Patna High CourtCR. MISC./38050/2022bail rejected

Chamari Manjhi @ Chenari Manjhi @ Doman Manjhi v. The State Of Bihar

2022-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38050 of 2022 Arising Out of PS. Case No.-193 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

CHAMARI MANJHI @ CHENARI MANJHI @ DOMAN MANJHI Son of Late Tipu Manjhi Resident of Mahmadpur Painal, Ahiyapur Mushahari, P.S.- Bihta, District - Patna.

2.

Rajesh Manjhi Son of Suresh Manjhi Resident of Ahiyapur Mushahari, P.S.- Bihta, District - Patna.

3.

Vijay Manjhi Son of Raj Balam Manjhi Resident of Mahmadpur Painal, Ahiyapur Mushahari, P.S.- Bihta, District - Patna. 4.

Rajendra Manjhi Son of Suresh Manjhi Resident of Mahmadpur Painal, Ahiyapur Mushahari, P.S.- Bihta, District - Patna. 5.

Rakesh Manjhi @ Rakesh Kumar Son of Bijendra Manjhi Resident of Ahiyapur Mushahari, P.S.- Bihta, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Hriday Prasad For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30 (a), 30(c ) 32(ii)/ 34, 36, 41(i) of the Bihar Prohibition & Excise Act. As per the prosecution case, 20 liter of illicit liquor has been recovered from the house of petitioner No.1, 7 liter from the house of petitioner No.2, 10 liter from the house of petitioner No.3, 10 liter from the house of petitioner No.4 and

Patna High Court CR. MISC. No.38050 of 2022(2) dt.23-09-2022 2/2 10 liter of illicit liquor has been recovered from the house of petitioner No.5.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner, this application for grant of anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Prabhat Kumar Singh, J) BKS/- U T