Jay Prakash Manjhi @ Jay Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75156 of 2018 Arising Out of PS. Case No.-60 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Jay Prakash Manjhi @ Jay Prakash Paswan, Son of Late Shardha Manjhi, Resident of Village- Dumar Narendra, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Learned counsel for the petitioner is permitted to make necessary corrections in paragraph no.10 of the petition. Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 47(a) of the Bihar Excise Act.

The prosecution case is that from the shop of the petitioner 14.800 Liters of country made liquor was recovered. It is submitted by learned counsel for the petitioner that the Excise Department lodged a case against the petitioner in the year 2012, but the notices were issued in the year 2018. A statement has been made in paragraph no.3 of the petition that

Patna High Court Cr.Misc. No.75156 of 2018(2) dt.11-01-2019 2/2 the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that recovery was made from the petitioner.

Considering the quantity of recovery made from the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd-cum-Special Judge, Gopalganj in connection with Trial No. 603 of 2018 arising out of Excise Complaint Case No. 60 of 2012 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T