Krishnandan Manjhi @ Krishnand Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53902 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Krishnandan Manjhi @ Krishnand Manjhi S/O Late Bhattan Manjhi Resident Of Village - Kushahar Mushahari Tola, P.S.- Tariyani, District - Sheohar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 30(b) and 30(c) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 195 litres of semi-prepared liquor from the house of six named accused from which 45 litres of semi-prepared liquor was kept in a gallon behind the house of the petitioner and 05 litres of liquor from the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as he was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that it absolutely does not

Patna High Court CR. MISC. No.53902 of 2022(2) dt.17-10-2022 2/2 stand to reason that when 45 litres of liquor was found outside the house of the petitioner then why the petitioner would have kept 05 litres of liquor in his house. This amply demonstrates that petitioner has been falsely implicated in the present case as 45 litres of liquor was found outside his house.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tariyani P. S. Case No.269 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T