Patna High CourtCR. MISC./73573/2023disposed

Rajesh Manjhi @ Rajesh Bhuiyan v. The State Of Bihar

2023-12-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73573 of 2023 Arising Out of PS. Case No.-668 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Rajesh Manjhi @ Rajesh Bhuiyan Son Of Ramchandra Bhuiyan @ Bhurak Manjhi Village- Kenduari Ps- Mohanpur Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Barachatti (Mohanpur) P.S Case No. 668/2023 dated 14.07.2023 registered for the offence punishable u/s 30(a) of the Indian Penal Code.

4. As per the prosecution case, total 5 litres of illicit mahuwa liquor was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.73573 of 2023(2) dt.02-12-2023 2/2 petitioner has no criminal antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery is made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

(Chandra Prakash Singh, J) atul/- U T