Anil Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38852 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

ANIL MANJHI, aged about 40 years, Sex-Male, Son of Jhingo Manjhi @ Ghino Manjhi 2.

Pato Devi, aged about 35 years, Sex-Female, Wife of Anil Manjhi Both resident of Village - Panchi, P.S.- Shekhopur Sarai, Distt - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2019 Heard both sides.

The petitioners apprehend their arrest in Shekhopur Sarai P.S. Case No.6 of 2019(Excise Case No.10 of 2019) registered under Sections 272, 273, 353 of the Indian Penal Code and Section 30(a), 37(b) of Bihar Prohibition and Excise Act.

The police got secret inputs that both the petitioners are indulged in manufacturing and selling of illicit liquor and on such, a raid was conducted and 15 liters of country made liquor is said to have been recovered from the house of the petitioner. The learned counsel for the petitioners submits that petitioner No.2 is a lady and there is nothing to show that she was preparing any liquor. It was the husband who was preparing

Patna High Court CR. MISC. No.38852 of 2019(2) dt.25-06-2019 2/2 the liquor in the house.

Taking into consideration the facts aforesaid and the fact that petitioner no.2 is a lady, let the petitioner No.2, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge, Sheikhpura in connection with Shekhopur Sarai P.S. Case No.6 of 2019(Excise Case No.10 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the case of petitioner No.1 is concerned, there is specific allegation that it was he who was selling the liquor after manufacturing in his house and on raid, 15 liters of country made liquor was recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner No.1 on anticipatory bail. Accordingly, the same is rejected.

Saurabh/- (Prabhat Kumar Jha, J) U T