Satrudhan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51543 of 2022 Arising Out of PS. Case No.-1291 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Satrudhan Manjhi S/O Mahadeo Manjhi Resident of village- Bhata Mathiya, P.S.- Sonho, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 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 Excise Case No. 30 of 2021 arising out of Excise Case No. 1291 of 2020 Aurangabad instituted for the offence under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 1330 liters illicit from pickup which belongs to the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. Petitioner is the owner of said vehicle

Patna High Court CR. MISC. No.51543 of 2022(2) dt.14-11-2022 2/3 but he has no concern with the alleged recovery of illicit liquor. Driver of the said vehicle had arrested from the seized vehicle. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

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

The petitioner is directed to deposit a sum of Rs 40,000/- (Forty Thousand) in the District Legal Services Authority of concerned District.

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 Excise Case No.30 of 2021 arising out of Excise 1291 of 2020 Aurangabad, 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 Court of Special Judge Excise 2nd, Aurangabad, Bihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.51543 of 2022(2) dt.14-11-2022 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 40,000/- (Rs. Forty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) amandeep/- U T