Patna High CourtCR. MISC./47471/2024bail granted

Surendra Manjhi @ Surendra Kumar v. The State Of Bihar

2024-08-07Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47471 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== SURENDRA MANJHI @ SURENDRA KUMAR S/O RAJENDRA MANJHI R/O VILLAGE- DHANGAD TOLI (SIRNI), P.S- MALAHI, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-08-2024 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Govindganj (Malahi) P.S. Case No. 158 of 2024 registered for the offence punishable under Section Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Allegation is of recovery of 6 litres of country made liquor from the back side of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. He has no concern either with the seized liquor or trade of liquor in any manner. The

Patna High Court CR. MISC. No.47471 of 2024(2) dt.07-08-2024 2/3 place of recovery is an open place which is accessible to anyone.

5. Mr. Ajit Kumar, learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation against the petitioner and the fact that the recovery of alleged liquor is from an open place which is accessible to anyone, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.01, East Champaran, Motihari in connection with Govindganj (Malahi) P.S. Case No. 158 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal

Patna High Court CR. MISC. No.47471 of 2024(2) dt.07-08-2024 3/3 antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T