Patna High CourtCR. MISC./68488/2022dismissed

Bhola Manjhi v. The State Of Bihar

2022-12-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68488 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- JALALPUR District- Saran ====================================================== BHOLA MANJHI S/O Lalu Manjhi R/O Village- Kotheya P.S- Jalalpur, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

10 litres of country made liquor has been recovered from the hut of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the said hut does not belong to the petitioner. It is also submitted that there is no recovery from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.68488 of 2022(2) dt.16-12-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that the illicit liquor has been recovered from the hut of the petitioner. Considering the fact that illicit liquor has been recovered from the hut of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Jalalpur P.S. Case No.224 of 2022, pending in the court of learned 02nd Exclusive Special Excise Court, Saran at Chapra.

(Anjani Kumar Sharan, J) Sanjay/- U T