Bholi Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76932 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- KOTWA District- East Champaran ====================================================== BHOLI MANJHI Son of Late Jokhan Majhi Resident of Village - Ahirolia, Mushahar Toli, P.S.- Kotwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Kotwa P.S. Case No. 329 of 2022 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, pending in the Court of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran.
3. As per the prosecution case, on search being conducted, 10 litres of country made liquor was recovered from the hutment of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.76932 of 2023(2) dt.02-12-2023 2/2 specific rather general and omnibus in nature. He submits that nothing has been recovered from conscious possession of the petitioner. He further submits that the petitioner has been made accused in the present case due to dirty village politics. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for anticipatory bail and submits that petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T