Sanjay Manjhi @ Kachhua Manjhi @ Kocha Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57065 of 2022 Arising Out of PS. Case No.-318 Year-2021 Thana- DORIGANJ District- Saran ====================================================== SANJAY MANJHI @ KACHHUA MANJHI @ KOCHA MANJHI SON OF LOHA MANJHI @ AMWIKA MANJHI R/O VILLAGE- RASALPURA, P.S.- DORIGANJ, DISTT.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, 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 (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 30 litres of liquor from the bushes situated beside Brahm Asthan of Rajesh Manjhi and 30 litres of liquor was recovered from the bushes situated beside Brahm Asthan of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57065 of 2022(2) dt.04-11-2022 2/2 petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that even the alleged place of recovery does not belong to the petitioner and he came to be implicated merely because the alleged recovery was made from a place adjacent to his Brahm Asthan.

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 Doriganj P.S. Case No. 318 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T