Arun Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53913 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- KHAIRA District- Saran ====================================================== Arun Kumar Manjhi, Son Of Baleshwar Manjhi Resident Of Village - Kakadhia, P.S.- Khaira, Distt.- Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Srivastva For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== 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 Section 30(A) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 21 litres of liquor from a bag which was thrown by Ranjan Kumar Singh and further, 28 litres of liquor from a bag which was thrown by another accused person. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that Ranjan Kumar Singh was arrested, who disclosed the name

Patna High Court CR. MISC. No.53913 of 2022(2) dt.17-10-2022 2/2 of the petitioner as person, who had thrown the bag containing 28 litres of liquor. It is next submitted that confessional statement before the police does not have any evidentiary value when admittedly petitioner is a person with clean antecedent. 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 Khaira P. S. Case No.236 of 2022, 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