Suresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16441 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- GAYA MUFFSIL District- Gaya ====================================================== Suresh Manjhi S/o Munshi Manjhi Resident of Village- Gandhar, P.S. Buniyadganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. RAJESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 12 liters wine and 410 kg mahua flower are recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the petitioner is the alleged owner of the motorcycle in question. The motorcycle in question was lent by the petitioner to the covillager. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is

Patna High Court Cr.Misc. No.16441 of 2018(2) dt.22-03-2018 2/2 alleged that 12 liters wine and 410 kg mahua flower are recovered out of which 150 kg mahua flower is recovered from the joint house of the petitioner where the other family members also reside. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Mufassil P.S. Case No. 55/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T