Monaka Manjhi @ Jitendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86052 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- PARSA District- Saran ====================================================== Monaka Manjhi @ Jitendra Manjhi, Son of Late Gazor Manjhi, Resident of Titira, P.S.- Parsa, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Parasa P.S. Case No.293 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that behind the house of the petitioner, 10 liters of country made liquor was recovered from an open field.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged liquor. Nothing has been recovered from his conscious possession. From perusal of

Patna High Court CR. MISC. No.86052 of 2024(2) dt.20-12-2024 2/2 the seizure list, it transpires that the place of recovery is disclosed as Titira village where seizure was made and the same is an open place.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner is having one criminal antecedent of similar nature.

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 Parasa P.S. Case No. 293 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 court of Third Exclusive Special Judge, Excise, Saran subject to the conditions as laid down under section 438(2) of the Cr.P.C. with a condition that he will not indulge in similar nature of the cases in future. (Ashok Kumar Pandey, J) lata/- U T