Rambachan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16876 of 2018 Arising Out of PS. Case No.-140 Year-2008 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Rambachan Manjhi, S/o Late Shri Bhedi Manjhi, Resident of Village/Mohalla- Bhore, P.S.- Mufassil, District- Gaya (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 47(a)(f) of the Bihar Excise Act. The prosecution case, in short, is that 1000 kg mahua flower and 10 liters wine are recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the place of recovery is alleged to be of the petitioner. It is submitted on behalf of the petitioner that the place of recovery does not belong to the petitioner rather it is a public place. Except for

Patna High Court Cr.Misc. No.16876 of 2018(3) dt.13-04-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1000 kg mahua flower and 10 liters wine are recovered in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Excise Case No. 140/08, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T