Suresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4950 of 2018 Arising Out of PS. Case No.-296 Year-2017 Thana- BAJPATTI District- Sitamarhi ====================================================== Suresh Manjhi, son of Mahadev Manjhi, R/o village- Bangaongoat (Mushahari Tola), P.S. Bajpatti, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party :

Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Bajpatti P.S. Case No. 296 of 2017, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegedly, during search from paddy field 20 liters of liquor was recovered and on confidential information it was learnt that the same was kept by the petitioner and paddy filed was of one Anand Kumar Jha.

Submission is of false implication and that nothing has been recovered from possession of the petitioner. The

Patna High Court Cr.Misc. No.4950 of 2018(2) dt.08-02-2018 2/2 petitioner has not been apprehended at the spot, who stated the name of the petitioner is not disclosed in F.I.R., no offence as alleged is made out against the petitioner and without any fault he is apprehended his arrest and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that at once the name of the petitioner was disclosed.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 296 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U