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Patna High CourtCR. MISC./52104/2024allowed

Bindeshwari Manjhi @ Vindeshwari Majhi v. The State Of Bihar

2024-08-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52104 of 2024 Arising Out of PS. Case No.-249 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Bindeshwari Manjhi @ Vindeshwari Majhi Son Of Nathuni Manjhi VillageJaisinghpur Maganua, P.S.- Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 249 of 2024, instituted under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 42 litres of country made liquor was recovered from the hut of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that the hut is temporary and accessible to anyone. Petitioner has no concern with the recovered liquor. He has no criminal antecedent. He undertakes

Patna High Court CR. MISC. No.52104 of 2024(2) dt.21-08-2024 2/2 to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Turkauliya P.S. Case No. 249 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T