Pardeshi Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78681 of 2023 Arising Out of PS. Case No.-309 Year-2022 Thana- GOPALPUR District- Patna ====================================================== PARDESHI MANJHI SON OF LAKSHAMI MANJHI R/O VILLAGEMANOHARPUR KACHHUARA, P.S.- GOPALPUR, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 332, 307, 353 and 427 of the Indian Penal Code and Section 30(a)(c) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 7 litres of liquor from the house of Ramesh Manjhi, 6 litres of liquor from the house of Poorvajan Manjhi and 1000 litres of Jawa Mahua embedded in the land.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.78681 of 2023(3) dt.20-02-2024 2/2 recovered from his conscious possession. It is further submitted that petitioner is not related to Ramesh Manjhi or Poorvajan Manjhi nor the land from where the Jawa Mahua was recovered belongs to him rather he came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is next submitted that it appears that the Chawkidar with a view of save the real culprits falsely implicated the petitioner.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gopalpur P.S. Case No. 309 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T