Pappu Manjhi @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89749 of 2024 Arising Out of PS. Case No.-471 Year-2020 Thana- GAURICHAK District- Patna ====================================================== Pappu Manjhi @ Pappu Kumar S/O Mala Manjhi R/o Raghurampur, Mohanpur, P.S- Gaurichak, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deovind Kumar Singh For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 471 of 2020 dated 29.12.2020 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. The prosecution case as per the first information report is that the Police on secret information that the petitioner along with others are selling illicit liquor on the bank of Morhar river, arrived at the place of occurrence and on seeing the Police party twelve persons including the petitioner fled away. The Police recovered 35 liters of illicit country made liquor from the bank of Morhar river.
Patna High Court CR. MISC. No.89749 of 2024(2) dt.22-01-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the Chowkidar, local villagers and spy. He further submits that illicit liquor has not been recovered from the premises belonging to the petitioner rather the same has been recovered from the bank of river Morhar which is an open space and is accessible to all and sundry. The petitioner has got no criminal antecedent. Similarly situated co-accused / Pappu Mahto has been granted anticipatory bail by this Court in Cr. Misc. No. 80413 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the fact that 35 liters of illicit liquor has been recovered from the bank of river Morhar which is an open space easily accessible to everyone, the petitioner has got no criminal antecedent and similarly situated co-accused has been granted anticipatory bail by this court, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.89749 of 2024(2) dt.22-01-2025 3/3 Special Judge, Excise, Patna City in connection with Gaurichak P.S. Case No. 471 of 2020 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T