Ramdahin Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60074 of 2022 Arising Out of PS. Case No.-537 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== RAMDAHIN MANJHI Son of Late Gariban Mnjhi Resident of Village Naudharia, P.S.- Waziganj, District-Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brijeshwar Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a)/37(ii) of the Bihar Prohibition and Excise Amendment Act, 2018. Altogether 10 litres of country made liquor kept in a plastic gallon has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case. His name transpired in this case on the basis of the confessional statement of the apprehended co-accused. There is no recovery from the conscious possession of petitioner and the house from where the alleged recovery of 10 litres country made liquor has

Patna High Court CR. MISC. No.60074 of 2022(2) dt.02-12-2022 2/2 been made is jointly owned and resided by several persons. He has no concern either with the seized liquor or any trade of liquor. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP opposed the prayer for grant of anticipatory bail.

Having regards to the facts and circumstances of the case, since the illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) divyanshi/- U T