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Patna High CourtCR. MISC./29530/2016rejected

Manoj Manjhi v. The State Of Bihar

2016-09-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29530 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Manoj Manjhi Son of Late Uma Manjhi resident of village - Jatahi Pokhara, P.S. Chapra Muffasil, District - Saran Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-09-2016 Heard the counsel for the petitioner and the State. The petitioner is facing criminal charge in Chapra Mofassil (Muffasil) P.S. Case No. 179 of 2016 registered under Sections 272, 273/34 of the Indian Penal Code and Section 47 of the Excise Act.

On secret information, the police party raided a place where illegal trade of country liquor was being made and arrested two persons. Both of them disclosed the name of the petitioner as their associates in the trade of sale of liquor. They also pointed out one hut belonging to the petitioner. The petitioner, however, escaped arrest.

Contention of the petitioner is that only on the basis of the statement of co-accused(s), he has been implicated in the

Patna High Court Cr.Misc. No.29530 of 2016 (2) dt.09-09-2016 2/2 case. The hut did not belong to him.

Learned APP opposed the prayer and submitted that both the arrested accused(s) persons have named the petitioner. From the possession of those two arrested accused(s) persons, country made liquor was recovered.

Looking to the seriousness of the allegations and other materials reflected from the records including the impugned order, I am not satisfied, it is a fit case for grant of anticipatory bail.

The prayer is rejected.

(Kishore Kumar Mandal, J) rohit/- U T