Rajesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67853 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Rajesh Manjhi, S/O Late Sitaram Manjhi, R/O Vill-Bara, Ps-Muffsil, DistGaya, Bihar-823003 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 220 of 2023, registered on 19.02.2023 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, police received information about huge quantity of liquor being transported by co-accused persons and raids were conducted and recovery of 15 litres of country made liquor was made from the house of one of the co-accused persons. Further, recovery of 5 litres of country made liquor was made from the house of another coaccused person. Name of the petitioner transpired during investigation as one of the accused persons for being involved in

Patna High Court CR. MISC. No.67853 of 2023(3) dt.27-02-2024 2/3 illicit trade of liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. The name of the petitioner was disclosed by the local Chaukidar. Initially when the FIR was lodged on 19.02.2023, the petitioner was not named in it but subsequently the I.O. filed a petition and added the name of the petitioner. Petitioner is having criminal antecedent of one case.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation against the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Exclusive Special Excise Court No.1, Gaya/court concerned in connection with Muffasil P.S. Case No. 220 of 2023, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.67853 of 2023(3) dt.27-02-2024 3/3 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T