Manoj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89901 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- PARSA District- Saran ====================================================== Manoj Manjhi Son of Chhathhu Manjhi Resident of Village - Mirzapur, P.S. - Parsa, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Parsa Police Station Case No. 309 of 2024, dated 19.09.2024, disclosing offences punisable under Sections 30(a)/37 of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner and others, have kept illicit liquor in the bamboo clump and are selling the same, reached at the place of occurrence and on seeing the police, three persons came out of the bamboo clump and tried to flee away, but the police apprehended two of them in drunken condition while the third one succeeded in fleeing away. On

Patna High Court CR. MISC. No.89901 of 2024(2) dt.28-01-2025 2/3 search, the police recovered 20 litres of illicit countrymade liquor kept in the bamboo clump.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of disclosure of his name by the arrested co-accused persons. He further submits that the illicit liquor has been recovered from the bamboo clump, which is an open space and is accessible to all and sundry.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner transpired in this case on the basis of disclosure of his name by the arrested coaccused persons and the illicit liquor has been recovered from an open space accessible to all, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Exclusive Special Excise

Patna High Court CR. MISC. No.89901 of 2024(2) dt.28-01-2025 3/3 Court, Saran, at Chapra, in connection with Parsa Police Station Case No. 309 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √