Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49040 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== MANOJ SAH S/o Baidynath Sah R/o village- Sonwarsha Dih, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maniyari P.S. Case no. 163 of 2022 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case relates to recovery of 54 litres IMFL from the bedroom of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession.
Patna High Court CR. MISC. No.49040 of 2022(2) dt.11-11-2022 2/2 Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.
(Sunil Kumar Panwar, J) sushma/- U