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Patna High CourtCR. MISC./82758/2024allowed

Mukesh Manjhi @ Mukesh Kumar v. The State Of Bihar

2024-12-10Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82758 of 2024 Arising Out of PS. Case No.-333 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Mukesh Manjhi @ Mukesh Kumar Son of Chipu Manjhi @ Chippu Manjhi Resident of Village- Churi, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and Mr. Shantanu Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chandauti P.S. Case No. 333 of 2024 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022(Amended).

3. The case of the prosecution is that all together 15 liters of country-made liquor was recovered from a corner of the house of the petitioner and after seeing the police, petitioner fled away.

4. Learned counsel for the petitioner submitted that petitioner is innocent and has falsely been implicated in this case. It is also submitted by learned counsel of the petitioner

Patna High Court CR. MISC. No.82758 of 2024(2) dt.10-12-2024 2/2 that the house is joint one and recovery has not been made from his physical possession. Petitioner is having clean antecedent.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chandauti P.S. Case No. 333 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-cumExclusive Special Excise Court-04, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) krishnakant/- U T