Allowed

Barati Manjhi v. the State of Bihar

Patna HC18 May 2023CR. MISC./29301/2023

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to the petitioner in a liquor offense case under the Excise Act. The court directed release following arrest or surrender within six weeks, subject to a bail bond and sureties, given his clean antecedents and the nature of recovery.

What did the court decide?

Bail granted; petitioner to be released on surrender within six weeks upon furnishing Rs.1,000 bond and sureties to the Special Judge Excise, Patna.

Barati Manjhi Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29301 of 2023

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Arising Out of PS. Case No.-71 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna

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======================================================

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Barati Manjhi, Son Of Late Nageshwar Manjhi Resident Of Village - Rukanpura Musahari, P.S. - Rupaspur, Distt. - Patna

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... ... Petitioner/S

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Versus

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The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Choubey Jawahar For the Opposite Party/s : Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 18-05-2023

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

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(3), 41(1)(2) of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 33 litre of liquor from the house of the petitioner.

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The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that out of 33 litre, it is alleged that 05 litre of liquor was recovered from the house of the petitioner. The learned counsel

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Patna High Court CR. MISC. No.29301 of 2023(2) dt.18-05-2023 2/2

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next submits that the house is a joint family property and as such, it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or liquor kept in the house was within his knowledge as no prudent person would use his own premises for committing a crime and thus, would get implicated, when admittedly, petitioner is a person with clean antecedent.

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Learned A.P.P. opposes the bail application.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Excise Special Case No.819 of 2023 arising out of Danapur Excise P. S. Case No.71 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

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U T

Barati Manjhi v. the State of Bihar

Case brief

What is this about?

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Barati Manjhi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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