Dinesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47084 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -SAHAJITPUR District- SARAN ====================================================== Dinesh Manjhi, Son of Janardan Manjhi, Resident of Village- Shripur Dustoli, P.S.- Sahajitpur, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Navin Nikunj For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sahajitpur P.S. Case no. 70 of 2016, registered under Sections 272, 273 of the Indian Penal Code and Section 47/63 of the Excise Act. The accusation is that on receiving secret information regarding selling of illicit country made liquor near the canal in village Sripur, the Police reached there then one person after seeing the Police party started fleeing. The Police party tried to chase him, but he succeeded to flee away. At that time, Mahal Chowkidar disclosed the name of that person as Dinesh Manjhi (Petitioner). On search, 18 liters of country made liquor was recovered from one gallon and two bottles.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner was not apprehended by the

Patna High Court Cr.Misc. No.47084 of 2016 (2) dt.14-12-2016 2/2 Police rather the name of the petitioner has been disclosed by Mahal Chowkidar as a person, who succeeded to flee away from the canal. Further submission is that, in fact, due to grudge and enmity, the Mahal Chowkidar Raja Prasad disclosed the name of this petitioner. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Saran in connection with Sahajitpur P.S. Case No. 70 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T