Patna High CourtCR. MISC./50780/2024rejected

Pappu Kumar @ Pappu Manjhi v. The State Of Bihar

2024-12-11Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50780 of 2024 Arising Out of PS. Case No.-2244 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Pappu Kumar @ Pappu Manjhi Son Of Birendra Manjhi R/O- VillageKhadawa Pul P.S.- Banjariya Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S Case No. 2244 of 2023 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. As per prosecution case, total 67 litre illicit liquor has been recovered from the motorcycle.

4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner

5. Learned APP appearing for the State has opposed

Patna High Court CR. MISC. No.50780 of 2024(2) dt.11-12-2024 2/2 the prayer for bail of the petitioner and submitted that anticipatory bail is barred by the provision of Section 76(2) of the Bihar Prohibition and Excise Act.

6. From perusal of the F.I.R., impugned order and case diary, it appears that name of the petitioner surfaced from the confessional statement of the co-accused. Petitioner has got one criminal antecedent of similar nature of offence.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T