Dahari Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40440 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- KANGLI District- West Champaran ====================================================== Dahari Manjhi Son Of Sri Sadhu Manjhi Resident Of Village - Satwariya, P.S.- Kangali, District - 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.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 7 liters of country made

Patna High Court CR. MISC. No.40440 of 2022(2) dt.30-09-2022 2/2 liquor is said to have recovered from the place of occurrence. He submits that wherefrom the said liquor was allegedly recovered, several persons were jointly residing, and thus, the contraband has not been recovered from the exclusive possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstance of the case and the fact that the said recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Kangali P.S. Case No. 51 of 2021 is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T