Munchun Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46178 of 2023 Arising Out of PS. Case No.-243 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Munchun Manjhi S/o Late Baldev Manjhi R/o Bhupatipur Mushari Tola, P.S.- Ram Krishna Nagar, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saifur Rahman, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Ram Krishna Nagar P.S. Case No. 243 of 2021, Special Case No.3960 of 2021 registered for the offences punishable under Sections 30(a)/37(b) of the Bihar Prohibition and Excise Act, 2018 pending in the Court of learned Special Judge, Excise, Patna.

3. As per prosecution case, 7 liters of illicit liquor was recovered from the hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that

Patna High Court CR. MISC. No.46178 of 2023(2) dt.24-08-2023 2/2 there is no recovery from the conscious possession of the petitioner. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State vehemently opposing the bail petition by submitting that the illicit liquor was recovered from the hut of the petitioner and he has one similar criminal antecedent.

6. Considering the facts and circumstances of case as also the fact that recovery is made from the hut of the petitioner and he has one similar criminal antecedent, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) saurabhkrsinha/- U T