Patna High CourtCR. MISC./44982/2019dismissed

Devendra Manjhi v. The State Of Bihar

2019-07-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44982 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- AMARPUR District- Banka ====================================================== DEVENDRA MANJHI Son of Late Chaturi Manjhi Resident of VillageKatahara, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This application, for grant of anticipatory bail, arises out of Amarpur P.S. Case No. 147 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 15 litres of liquor from the shop of the petitioner.

Submission of learned counsel for the petitioner that he has no criminal antecedent and he has falsely been implicated in this case, which will appear from the fact that in the seizure list, the recovery is said to be from the house of the petitioner and inf the F.I.R. recovery has been shown to be from the shop of the informant.

Learned counsel for the State opposed the prayer for bail and submitted that the F.I.R. itself shows that there is

Patna High Court CR. MISC. No.44982 of 2019(2) dt.22-07-2019 2/2 recovery from the shop of the petitioner and it further appears that house and shop both were searched.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T