Shashi Manjhi @ Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35861 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Shashi Manjhi @ Shashi Kumar, Son of Sidheshwar Manjhi, Resident of Village-Tineri Musahari, P.S.-Masaurhi, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-06-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Special Case No. 2037 of 2018 arising out of Masaurhi P.S.Case No. 130 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner, as per the FIR, is that upon receiving information, on 01.05.2018, the police party raided behind the Anganbari School Centre in village Tiner and seeing the police, accused persons succeeded in fleeing away. It has further been alleged that assembled villagers informed the police about the persons who fled away from the spot including the petitioner, whose name appears at sl. no. 5 in the FIR. The police seized 20 litres country made Mahaua liquor from the spot and prepared the document thereof.

Patna High Court CR. MISC. No.35861 of 2019(2) dt.04-06-2019 2/3 Learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner and he has got no criminal antecedent. Learned counsel further submits that source of information about the name of petitioner has not been disclosed in the FIR inasmuch as which person has taken the name of the petitioner before the police is not mentioned in the FIR which creates doubt about the involvement of the petitioner in the offence. He submits that in absence of any recovery of country made liquor from the conscious possession of the petitioner, no prima facie case is made out against him as such he deserves benefit of anticipatory bail in view of judgment rendered by the Full Bench in Cr. Appeal (SJ) No. 431 of 2019.

After having heard learned counsel for the parties and taken into consideration the fact that there is no recovery of liquor from the petitioner and further the name of the petitioner has been brought in the FIR on the basis of information given by the villagers and also the name of villager who has given the information to the police is not disclosed in the FIR, in my opinion, prima facie, no offence against the petitioner is made out on the basis of allegation made in the FIR and petitioner deserves benefit of anticipatory bail in the present matter.

Patna High Court CR. MISC. No.35861 of 2019(2) dt.04-06-2019 3/3 Accordingly, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 2037 of 2018 arising out of Masaurhi P.S.Case No. 130 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T