Diwali Manjhi @ Divali Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83358 of 2024 Arising Out of PS. Case No.-769 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Diwali Manjhi @ Divali Manjhi S/O Sita Manjhi Resident of Jiyaulhaque Mushari Kumhrar, P.S.- Agamkuan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Agamkuan P.S. Case No.769 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. 25 litres of country made liquor has been recovered from the place situated near musahari drain. It is alleged that on seeing the police, the petitioner fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to personal grudge. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery was made from open place which does not belong to the petitioner. The petitioner has no concern with the seized liquor. The
Patna High Court CR. MISC. No.83358 of 2024(2) dt.11-12-2024 2/2 petitioner has one criminal antecedent in which he is on bail. The petitioner undertakes to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City in connection with Agamkuan P.S. Case No.769 of 2024 subject to the conditions as laid down under Section 482
(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T