Nagi Manjhi @ Nagrain Manjhi @ Nagnaryan Manjhi @ Nag Narain Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81292 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- JALALPUR District- Saran ====================================================== Nagi Manjhi @ Nagrain Manjhi @ Nagnaryan Manjhi @ Nag Narain Manjhi Son of Late 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. Avinash Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Jalalpur P.S. Case No. 195 of 2024 dated 14.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 25 litres of illicit country-made liquor was recovered from the poultry farm of the petitioner and 80 litres of illicit country-made liquor was recovered from the hut which is situated in front of the house of the co-accused, Bhola Manjhi.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.81292 of 2024(2) dt.20-02-2025 2/3 this case. No incriminating material has been recovered from the conscious possession of the petitioner. Local Chowkidar and villagers disclosed the name of the petitioner who fled away from the place of occurrence. The petitioner has no concern with the alleged recovery. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The coaccused has been granted bail by this Court vide order dated 08.10.2024 passed in Cr. Misc. No. 73940 of 2024. Learned counsel has submitted that no case is made out against the petitioner. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089.
The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.
Patna High Court CR. MISC. No.81292 of 2024(2) dt.20-02-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Jalalpur P.S. Case No. 195 of 2024, subject to conditions as laid down under section 482(2) of the BNSS, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T