Ladhai Manjhi @ Rajendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50182 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== LADHAI MANJHI @ RAJENDRA MANJHI Son of Chandra Manjhi Resident of Village - Kendui Bhuitoli, P.S.- Magadh Medical Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 This application, for grant of anticipatory bail, arises out of Magadh Medical P.S. Case No. 44/2019, disclosing offences under Sections 30 (a) (d) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 10 litres of country made liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and the house from which, the recovery has been made is a joint house.

Learned counsel for the State opposed the prayer for bail and submitted that recovery is from the house of the petitioner and, therefore, a prima facie case is made out against

Patna High Court CR. MISC. No.50182 of 2019(2) dt.13-08-2019 2/2 the petitioner.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T