Patna High CourtCR. MISC./65448/2023disposed

Munni Manjhi v. The State Of Bihar

2023-11-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65448 of 2023 Arising Out of PS. Case No.-462 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== MUNNI MANJHI S/O- MAHENDRA MANJHI R/O- BABHANA MUSHARI NORTH TOLA, P.S.- JEHANABAD, DIST- JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Jehanabad Town P.S. Case No. 462 of 2023 dated 17.05.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 30 litres of country made liquor was recovered from the house of the petitioner and 5 litres of country made liquor was also recovered from the house of the co-accused Hari Manji.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.65448 of 2023(2) dt.08-11-2023 2/2 petitioner and the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the alleged recovery has been made from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T