Patna High CourtCR. MISC./56061/2019dismissed

Biru Manjhi v. The State Of Bihar

2019-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56061 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MADHAURAH District- Saran ====================================================== BIRU MANJHI Son of Late Mathura Majnhi Resident of Village - Bardahia, P.S.- Madhoura, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Srivastva For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This application, for grant of anticipatory bail, arises out of Madhoura P.S. Case No. 23 of 2019, disclosing offences under Sections 30/ 30(a) of the Bihar Prohibition of Excise Act, 2016.

prosecution case is that police got information that petitioner and accused Krishna Rai @ Raktu Rai has brought huge quantity of liquor for business, on which, the police raided the place and from behind the house of accused Krishna Rai @Raktu Rai, recovered 800 litres of spirit and petitioner succeeded in fleeing away. Apart from that it appears that petitioner is accused in two more cases of similar nature. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and there is no recovery from the house of the petitioner or at his instance.

Patna High Court CR. MISC. No.56061 of 2019(2) dt.04-09-2019 2/2 Learned counsel for the State opposed the prayer for bail and submitted that petitioner is named in the F.I.R. and apart from that he has criminal antecedent also. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T