Balkishun Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57541 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- KADIRGANJ District- Patna ====================================================== 1.
Balkishun Manjhi Son Of Gyani Majhi Village- Pakauda Mushahari PsKadirganj Dist- Patna 2.
Prabhawati Devi @ Parwati Devi W/O Indrajit Kumar @ Indrajit Manjhi Village- Pakauda Mushahari Ps- Kadirganj Dist- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Prabhawati Devi Pakauda Mushahari Ps Kadirganj District Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramji Kumar, Adv For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioners and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioners apprehend their arrest in connection with Kadirganj P.S.Case No. 83 of 2023 instituted under Section 30(a) of Bihar Prohibition & Excise Act.
3. As per the prosecution case, total 8 liters country made Mahua liquor was recovered from the house of the petitioners.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.57541 of 2023(2) dt.04-09-2023 2/2 petitioners have falsely been implicated in this case. He submits that recovery is made from the joint family house of the petitioners. Petitioners have no criminal antecedents and petitioner no. 2 is a lady.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge Excise, Patna in connection with Kadirganj P.S.Case No. 83 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) N.K/- U T