Rahul Manjhi @ Rahul Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40197 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Rahul Manjhi @ Rahul Kumar Manjhi, aged about 23 years, Male, Son Of Viru Manjhi @ B. Manjhi, Resident Of Village- Bardahiya, P.S.- Marhowrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Marhowrah P.S. Case No. 103 of 2023 registered for the offence punishable under Section 30(a) and 41 (i) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 60 litres of countrymade liquor from a pond situated at Bardahiya.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is

Patna High Court CR. MISC. No.40197 of 2023(2) dt.28-07-2023 2/3 nowhere related with the illicit liquor. Petitioner has one more criminal antecedent under Section 30 (a) of the Bihar Prohibition and Excise Act in which he is on bail. On these grounds, petitioner seeks to be released on pre-arrest bail.

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

6. Considering the nature of allegation made in the FIR as well as the fact that the recovery was made from a pond situated at Bardahiya. Petitioner has one more criminal antecedent under Section 30 (a) of the Bihar Prohibition and Excise Act in which he is on bail. Petitioner is nowhere concerned with the recovery of illicit country-made liquor. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court of 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Marhowrah P.S. Case No. 103 of 2023, subject to the condition as laid down

Patna High Court CR. MISC. No.40197 of 2023(2) dt.28-07-2023 3/3 under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.

(Purnendu Singh, J) Niraj/- U T