Aklu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43618 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MAHESI District- East Champaran ====================================================== AKLU MANJHI Son of Late Dhyan Manjhi Resident of Village - Jatha, P.S.- Mehsi, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mehsi P.S. Case No.1 of 2019 registered under Sections 30(a), 37 (d) and 38 of the Bihar Prohibition and Excise Act, pending in the court of the 7th Additional Sessions Judge-cumSpecial Judge, Excise, Motihari, East Champaran. The accusation is that in course of raid, five liters country made liquor, kept in a gallon, was recovered from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that at the time of raid, while the alleged recovery is said to be made from the house of the petitioner but, at that

Patna High Court CR. MISC. No.43618 of 2019(2) dt.16-07-2019 2/2 time, the petitioner was not present at his house. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T