Sanjay Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83286 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- SITAMARHI District- Nawada ====================================================== Sanjay Manjhi, Son of Ram Jatan Manjhi R/o village -Rasalpur, PSSitamarhi, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, 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 Sitamarhi P.S. Case No. 110 of 2024 instituted under Section 30 (a), 37 (c) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 51 litres of illicit country made liquor was recovered from near the bamboo orchard of the house of the petitioner. The allegation against the petitioner is that seeing the police party he fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is no recovery made from physical or conscious possession of the petitioner. He was not present at the place of occurrence. He is

Patna High Court CR. MISC. No.83286 of 2024(2) dt.11-12-2024 2/2 not the owner of the alleged place of occurrence nor he has any concern with the seized liquor and except the suspicion there is no material against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation of the present case.

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 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge-1st, Nawada, in connection with Sitamarhi P.S. Case No. 110 of 2024, subject to the conditions laid down in Section 482 (2) of the BNSS.

(Sunil Dutta Mishra, J) khushbu/- U T