Devendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53340 of 2021 Arising Out of PS. Case No.-211 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== DEVENDRA MANJHI, Son of Late Vishundev Manjhi Resident of VillageNijampur, P.S.- Sarai O.P., District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-02-2022 Heard both the parties through through Video Conferencing.

The petitioner seeks bail in anticipation of his arrest in connection with C-III No. 211 of 2021, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that 7 litres of illicit liquor has been recovered from the bathroom near the house of the petitioner, however, learned counsel submits that the recovery has not been made from conscious possession and petitioner has falsely been implicated. Thus, Section 30(a) of the Excise Act would, therefore, not lie as against the petitioner. I have considered the submission.

Patna High Court CR. MISC. No.53340 of 2021(2) dt.18-02-2022 2/2 Taking into consideration the aforesaid facts, I am inclined to grant benefit of anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to the conditions, as laid down under Section 438(2) of the Cr.P.C. (Sanjeev Prakash Sharma, J) sanjeev/- U T