Akhilesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6532 of 2021 Arising Out of PS. Case No.-331 Year-2020 Thana- DANAPUR District- Patna ====================================================== AKHILESH MANJHI S/o Sidhin Manjhi @ Shiv Dahin Manjhi R/o villageAshopur, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Danapur P.S. Case no. 331 of 2020 instituted for the offence under Sections 30(a)/(d) of the Bihar Excise Act. As per allegation in the FIR, when the police has received a secret information about business of illicit liquor, he proceeded towards the place of occurrence and caught three of the accused persons while two persons managed to flee away. On search, huge quantity of country made mahua liquor has been recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.6532 of 2021(3) dt.06-12-2021 2/2 offence. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has been disclosed by the arrested co-accused persons, namely, Raja Kumar and Amrit Kumar, which has no evidentiary value in the eye of law. Alleged house from where the recovery has been made, does not belong to the petitioner.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Danapur P.S. Case no. 331 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U