Pankaj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58205 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- KHAIRA District- Saran ====================================================== PANKAJ MANJHI S/o HIRALAL MANJHI @ SWALI MANJHI R/o VILLAGE-JAGDISHPUR, P.S- KHAIRAH, DISTRICT-SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Khairah P.S. Case No.181 of 2021, registered for the offences punishable under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 10 litres of illicit liquor has been recovered from the Khop of this petitioner. It is further submitted that the said Khop does not belong to the petitioner which is mentioned in para 14 of the bail application. It is stated in para 14 of the bail application that the alleged liquor has been recovered from the

Patna High Court CR. MISC. No.58205 of 2021(2) dt.11-03-2022 2/3 open place near Khop kept near southern side of pokhara which is not concerned with the petitioner. The petitioner has got one criminal antecedent as stated in para 3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Petitioner is ready to deposit a sum of Rs.20,000/- (rupees twenty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Considering the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-2nd-cum-Special Judge, Excise, Saran at Chapra in connection with Khairah P.S. Case No.181 of 2021, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file

Patna High Court CR. MISC. No.58205 of 2021(2) dt.11-03-2022 3/3 an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bond.

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.20,000/- (rupees twenty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

(Anjani Kumar Sharan, J.) Sanjay/- U T