Manjeet Kumar @ Bajrangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68954 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Manjeet Kumar @ Bajrangi, aged about 26 years, Male, Son of Rajballabh Rai, Resident of village - Salmepur @ Salempur, P.S.- Lalganj, District - Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Bela Singh, Advocate For the Opposite Party :

Mr. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 332 of 2023 dated 23.09.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 60 litres of illicit country made liquor, 150 litres of raw Jawa Mahua and 4 Bhattis were recovered from Salempur Diyara Area.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.68954 of 2024(2) dt.04-12-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged offence. It is further submitted that the place from where the alleged recovery of liquor was made does not belong to the petitioner. He was not present at the place of occurrence. There is no compliance of Section 100 of the Cr.P.C. It is further submitted that the other co-accused persons Arbind Rai and Sudhir Sahni have already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 31360 of 2024 under order dated 25.04.2024. The petitioner has three criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No.332

Patna High Court CR. MISC. No.68954 of 2024(2) dt.04-12-2024 3/3 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T