Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47525 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- MAINATAND District- West Champaran ====================================================== MANOJ SAH Son of Late Ramanand Sah Resident of Village - Sukhlahi, P.S.- Mainatand, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mainatand P.S. Case no. 39 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case relates to recovery of 5.100 litres country made wine from beneath the bundle of straw in the hut of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating
Patna High Court CR. MISC. No.47525 of 2021(2) dt.07-03-2022 2/2 article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and taking into consideration that the alleged hut belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below keeping in mind the meager quantity of recovery. (Sunil Kumar Panwar, J) sushma/- U