Patna High CourtCR. MISC./60298/2023allowed

Manoj Ram @ Sanoj Rajbanshi v. The State Of Bihar

2023-10-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60298 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- NAWADA District- Nawada ====================================================== Manoj Ram @ Sanoj Rajbanshi S/O Late Rameshwar Rajbanshi R/O VillageOhari Rajbanshi Nagar, Ps. (KADIRGANJ O.P.), Nawada, Dist. Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nagar (Kadirganj) P.S. Case No. 172 of 2022 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, there is recovery of five litres country made liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has not committed any offence. The alleged recovery has been made from the joint residential house of the petitioner. He has no concern with the alleged seized liquor. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.60298 of 2023(2) dt.16-10-2023 2/2 anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 1st , Nawada in connection with Nagar (Kadirganj) P.S. Case No. 172 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T