Mantu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67234 of 2022 Arising Out of PS. Case No.-309 Year-2022 Thana- GOPALPUR District- Patna ====================================================== MANTU MANJHI S/o Late Bhagwan Manjhi R/o Village- Manoharpur, P.S.- Gopalpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Section 307 & other allied sections of Indian Penal Code and Sections 30(a)(c)/45 of Bihar Prohibition and Excise Act.

As per F.I.R., 40 named, including this petitioner, and 15-20 unknown persons obstructed the police party in conducting raid.

It is submitted on behalf of petitioner that no specific allegation of overt act has been alleged against this petitioner and only on suspicion, he has been made accused. No offence under the Excise Act is made out against this petitioner. However, learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail and submitted that

Patna High Court CR. MISC. No.67234 of 2022(2) dt.16-12-2022 2/2 petitioner has got one criminal antecedent of similar nature. Considering the fact that petitioner has got criminal antecedent of similar nature, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T