Patna High CourtCR. MISC./50038/2023allowed

Rakesh Manjhi v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50038 of 2023 Arising Out of PS. Case No.-760 Year-2022 Thana- BIHTA District- Patna ====================================================== Rakesh Manjhi, Male, aged about 36 years, Son of Late Mukesh Manjhi, Resident of Village- Adilpur, P.S. Bihta (Neora), District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bihta (Neora OP) P.S. Case No. 760 of 2022 dated 05.08.2022 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2018

3. As per the prosecution case, there is recovery of 22 liters of country made liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that nothing has been recovered from the person or possession of the petitioner. He was neither present on the spot nor arrested by the police and has no concern with the seized articles. Learned counsel for the petitioner further submits that the seized articles has been recovered from the joint family property of Hindu

Patna High Court CR. MISC. No.50038 of 2023(2) dt.11-08-2023 2/2 Undivided family. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his 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 the learned Court of Special Excise Judge, Danapur at Patna in connection with Bihta (Neora OP) P.S. Case No. 760 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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