Dilip Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39190 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- PAKARIBARAW District- Nawada ====================================================== Dilip Manjhi, S/o Baleshwar Manjhi R/o Village- Gandhi Tola Musahari, Pakribarawan, P.S.- Pakribarawan, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar- Advocate For the Opposite Party/s :

Mr. Narsingh Tanti- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2021 Heard Mr. Deepak Kumar, learned advocate for the petitioner and Mr. Narsingh Tanti, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Pakribarawan P. S. Case No.56 of 2020, instituted for the offence under Sections 30(a)/ 37(c) of the Bihar Prohibition and Excise Act.

It has been alleged in the first information report that a secret information was received by the police party that the petitioner is selling liquor. On seeing the police party arrive at the place where the transaction was taking place, the petitioner is said to have run away. One Rajesh Kumar is said to have disclosed that the petitioner

Patna High Court CR. MISC. No.39190 of 2020(2) dt.01-06-2021 2/3 had been selling liquor. It was also told to the police party that one Paro Devi has kept liquor stealthily for the purpose of sale. A raid was conducted and some excisable items were recovered. One person was arrested, who was found in a drunken condition.

The learned counsel for the petitioner has submitted that though the name of the petitioner is mentioned in the first information report, but the accusation against him is based on secret information to the police as also the statement made by one Rajesh Kumar that the petitioner had been selling liquor. Learned counsel for the petitioner has submitted that the accusation against him is absolutely incorrect and according to his information, his name has only been dragged in this case because the police had to justify the raid. The petitioner does not have criminal antecedent.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt/ production of a copy of this order, on furnishing

Patna High Court CR. MISC. No.39190 of 2020(2) dt.01-06-2021 3/3 bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II- cum-Special Judge, Nawada in connection with Pakribarawan P. S. Case No.56 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) vikash/- U T