Vikki Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54214 of 2023 Arising Out of PS. Case No.-223 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== VIKKI MANJHI S/O HATHI MANJHI @ RAM KESHER MANJHI RESIDENT OF VILLAGE- MURADPUR NAHARPUR, P.SPHULWARISHARIF (JANIPUR), DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Phulwarisharif (Janipur) P.S. Case No.223 of 2023, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3.

Allegedly 15 litres of country made liquor is said to have been recovered from behind the house of the petitioner. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the

Patna High Court CR. MISC. No.54214 of 2023(2) dt.31-08-2023 2/2 recovery of the illicit liquor or any trade of liquor. The petitioner has no concern with the said house from where recovery has been made. There is no compliance of section 100 Cr.P.C. Petitioner has no criminal antecedent.

5.

Having regard to the facts and circumstances of the case, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 6.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T