Suman Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66486 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

SUMAN MANJHI Son of Late Badho Manjhi Resident of village - Babhani, P.S.- Wazirganj, District - Gaya.

2.

Mahendra Manjhi Son of Sobhi Manjhi Resident of village - Babhani, P.S.- Wazirganj, District - Gaya.

3.

Soni Devi Wife of Ranjit Manjhi Resident of village - Babhani, P.S.- Wazirganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a), 30 (D) of the Bihar Prohibition and Excise Act, 2018.

Allegedly, on search of the house of petitioner Sonia Devi, country made liquor is alleged to have been recovered from a 20 litres jerkin, country made liquor is alleged to be recovered from a 15 litres jerkin from the house of petitioner Suman Manjhi and 15 litres country made liquor is alleged to be recovered from the house of the petitioner Mahendra

Patna High Court CR. MISC. No.66486 of 2022(3) dt.18-03-2023 2/2 Manjhi.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized liquor. They have no concern either with the seized liquor or any trade of liquor. They have been falsely implicated in this case due to ulterior motive. They have been made accused in this case by the police merely on suspicion. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of case, as the illicit liquor has been recovered from the house of the petitioners, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T