Patna High CourtCR. MISC./58202/2023allowed

Rajendra Manjhi v. The State Of Bihar

2023-09-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58202 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Rajendra Manjhi Son Of Bhuta Manjhi Village- Bhokraha (HARPUR Kalan), Ps- Mejorganj, Dist- Sitamarhi 2.

Rameshwar Manjhi @ Ramiswer Manjhi Son Of Bhuta Manjhi VillageBhokraha (HARPUR Kalan), Ps- Mejorganj, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioners apprehend their arrest in connection with Mejorganj P.S.Case No 96 of 2023 instituted under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 237.300 liters Nepali liquor was recovered from the from the back side house of the petitioners.

4. Learned counsel for the petitioner submits that petitioners are old aged persons have falsely been

Patna High Court CR. MISC. No.58202 of 2023(2) dt.05-09-2023 2/2 implicated in this case. Petitioners have no concern with the alleged liquor and their name transpired on the basis of suspicion. He further submits that petitioners have clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners 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 Special Judge Excise, Sitamarhi in connection with Majorganj P.S.Case No.96 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/- U T