Pramod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8789 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Pramod Manjhi, S/o Late Baliram Manjhi, R/o village - Mahammadpatti, P.S. Khaira, Distt. - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 188, 272 and 273/34 of the Indian Penal Code and 47 of the Bihar Excise Act, 2016. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that there is alleged recovery of four litres of country made liquor. There is also allegation that he was manufacturing the alleged liquor. Further submission of the learned counsel for the petitioner is that he is a tractor driver and has been made accused in this case as he has not fulfilled the demand of money to the I.O., the police officer.

Heard learned A.P.P. also.

Having heard both sides and considering the

Patna High Court Cr.Misc. No.8789 of 2017 (2) dt.02-03-2017 2/2 provisions of Section 76(2) of the Bihar Prohibition and Excise Act, I am not inclined to grant anticipatory bail to the petitioner as the same is not maintainable.

However, petitioner may surrender in the court below, i.e., learned C.J.M., Saran at Chapra and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this Court.

Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sudip/- U T