Suraj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60265 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- DANAPUR District- Patna ====================================================== SURAJ MANJHI Son of Kundan Manjhi Resident of Village- Bhola Paswan, Ward No.5, P.S.- Shastri Nagar, District- Patna( owner of three wheeler passenger Tempu, Regd. No. BR0IMP- 0331 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 250 liters of liquor from an Auto. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated on the ground that he is the owner of the Auto. Learned counsel further submits that no

Patna High Court CR. MISC. No.60265 of 2022(3) dt.16-11-2022 2/2 prudent man would indulge in any illegal activity by using his own vehicle and thus create evidence against himself. It is also submitted that petitioner was completely unaware that his cousin brother would misuse the vehicle for such illegal purpose.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Danapur P.S. Case No. 118 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T