Binod Das @ Binod Rajbanshi @ Binod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73519 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- SIRDALA District- Nawada ====================================================== BINOD DAS @ BINOD RAJBANSHI @ BINOD MANJHI son of Late Janki Manjhi Resident of Village- Pandeydih PS - Sirdala Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, 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 30(a), 30(c) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases.

4. Allegation is of recovery of 2000 litres of sweet Mahua and 50 litres of liquor from the forest area.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which is accessible to public at large. It is further submitted that petitioner came to be implicated by the local villagers and the Chawkidar. It is next submitted that

Patna High Court CR. MISC. No.73519 of 2023(3) dt.20-02-2024 2/2 petitioner is on an inimical term with the Chawkidar. It is also submitted that if the villagers and the Chawkidar were aware that petitioner had concealed the liquor in the forest area then why they did not inform the police earlier which further casts as aspersion on the case of the prosecution.

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.20,000/- (Rupees Twenty Thousand) 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 Sirdala P.S. Case No. 97 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T