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Patna High CourtCR. MISC./82938/2019bail rejected

Suresh Manjhi v. The State Of Bihar

2020-01-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82938 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

SURESH MANJHI Son of Late Puran Manjhi Resident of Village - Balua Murat, P.S.- Yogapatti, Distt.- West Champaran. 2.

Ramayan Manjhi @ Riman Manjhi Son of Aklu Manjhi Resident of Village - Balua Murat, P.S.- Yogapatti, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

Informant who is the police officer has alleged in his written complaint that on receiving specific information he caught a person who was trying to flee away who disclosed his name as Bhola Manjhi and from whose possession five litres of illicit liquor was recovered and on his disclosure the house of petitioners were raided and from the house five litres of illicit liquor were recovered. However, petitioner and his family

Patna High Court CR. MISC. No.82938 of 2019(3) dt.07-01-2020 2/2 members fled away and the seizure list was pasted on their house. As illicit liquor has been recovered from the house of petitioners, as such, anticipatory bail application is not maintainable and is accordingly rejected.

However, if petitioners surrender in the special court within four weeks from the date of order, the special court shall consider the regular bail application of the petitioners on the same day taking into account that they have no criminal antecedents and pass order of their regular bail petition without being prejudiced by this Order.

(S. Kumar, J) veena/- U T