Shambhu Manjhi vs The State Of Bihar on 20 April, 2023

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Patna High Court - Orders

Shambhu Manjhi vs The State Of Bihar on 20 April, 2023

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7021 of 2023
                         Arising Out of PS. Case No.-713 Year-2021 Thana- DIGHA District- Patna
                 ======================================================
                 SHAMBHU MANJHI S/O LATE SUKHARI MANJHI Resident of village-
                 Nach Bagicha Mushahari, P.S.- Digha, District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subodh Kumar Barnwal, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   20-04-2023

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(A), 30(B), 37(i), 37(ii), 32(iii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 16 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 16 liters wine is recovered from the joint house of the petitioner. The name of the petitioner has transpired as the recovery is made from the joint house of the petitioner where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing Patna High Court CR. MISC. No.7021 of 2023(2) dt.20-04-2023 2/2 incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge (Excise), Patna in connection with Digha P.S. case No. 713/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/-

U      T

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Patna High Court - Orders