Ramji Manjhi @ Bhakku Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57009 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Ramji Manjhi @ Bhakku Manjhi Son of late Arjun Manjhi Resident of Mohalla- Sangatpar Masaurhi, P.S.- Masaurhi, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Munni Kumar Moon For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Masaurhi P.S. Case no. 247 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of total 130 liters illicit country made liquor from two different places. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The place of recovery are open places and the petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local Chaukidar saying that the
Patna High Court CR. MISC. No.57009 of 2022(2) dt.28-11-2022 2/2 person feeling away from the place of occurrence is this petitioner. It is further submitted that neither the petitioner was arrested nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail and submitted that the petitioner has got one criminal antecedent.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Masaurhi P.S. Case no. 247 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T