Bhagirath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71226 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== 1.

Bhagirath Manjhi Son Of Matuki Manjhi Resident Of Village- Gopalpur, Gumti Tola, Gajiya Garhi Musahari, P.S- Chanan, Dist- Lakhisarai 2.

Gango Manjhi @ Gago Manjhi Son Of Late Bhadu Manjhi Resident Of Village- Gopalpur, Gumti Tola, Gajiya Garhi, Musahari, P.S- Chanan, DistLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.2. Permission is accorded.

Accordingly, the petition of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner no.1 is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a)(b) and (c) of the Bihar Prohibition and Excise Act, 2018. Allegedly, it is a case of recovery of country made

Patna High Court CR. MISC. No.71226 of 2021(3) dt.26-09-2022 2/2 wine from the forest area.

It is submitted by learned counsel for the petitioner no.1 that the petitioner has falsely been implicated in this case. He further submits that there is no recovery from the conscious possession of the petitioner and the name of the petitioner no.1 came into light on the basis of statement of local people. Petitioner no.1 has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Bhagirath Manjhi, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Lakhisarai in connection with Chanan P.S. Case No. 120 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T