Shatrudhan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57081 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Shatrudhan Manjhi Son of Raja Manjhi Resident of Village- Ishupur Manupur, P.S.- Dighwara, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 20 litres of liquor hidden in a ditch situated 100 meters away from the hut of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted

Patna High Court CR. MISC. No.57081 of 2022(2) dt.04-11-2022 2/2 that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated merely because the recovery was made from a place which is adjacent to his house and at the instance of the local Chawkidar with whom he is on an inimical term.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dighwara P.S. Case No. 109 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T