Pardeshi Manjhi @ Padeshi Manjhi @ Bhote Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67752 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== PARDESHI MANJHI @ PADESHI MANJHI @ BHOTE MANJHI S/O Bikau Manjhi R/O Village- Jagdambapur Musahar Toli, P.S- Shrinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Srinagar P.S. Case no. 131 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 30 litres country made illicit liquor from three accused persons and coaccused Pradeep Baitha and Ajay Manjhi were apprehended on spot and they disclosed that petitioner managed to escape. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.67752 of 2022(2) dt.09-12-2022 2/2 concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended accused persons before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Srinagar P.S. Case no. 131 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U