Krishna Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Krishna Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest or surrender before the learned Court below within six weeks, to be released on bail on furnishing bail-bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-1, Nawadah, in connection with Hisua P.S. Case No.661 of 2023, subject to conditions under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Krishna Manjhi, in anticipation of his arrest in connection with the case registered for offences punishable under Section 30(a) of the Excise Act (Hisua P.S. Case No.661 of 2023, District Nawada).

Court's answer

Considering the submissions of learned counsel for the petitioner, the petitioner is, in the event of his arrest or surrender before the learned Court below within a period of six weeks, directed to be released on bail on furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-1, Nawadah, in connection with Hisua P.S. Case No.661 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Patna High Court (Honourable Mr. Justice Satyavrat Verma), Criminal Miscellaneous No.13217 of 2024, oral order dated 06-03-2024: Anticipatory bail application of Krishna Manjhi (arising out of Hisua P.S. Case No.661 of 2023, District Nawada, registered for offences punishable under Section 30(a) of the Excise Act) allowed. Learned counsel for the petitioner submitted that the petitioner has clean antecedents; the allegation was of recovery of 10 litres of liquor from the petitioner's hut; the petitioner was not arrested from the spot so nothing was recovered from his conscious possession; after Amendment in the Excise Act, 2018 the concept of deemed possession and presumed offender has been done away with; the alleged hut does not belong to the petitioner; and he was implicated at the instance of a Chaukidar with whom he is on an inimical term. Learned A.P.P. opposed the bail application. The Court directed that, in the event of arrest or surrender before the Court below within six weeks, the petitioner be released on bail on furnishing bail-bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court-1, Nawadah, subject to conditions under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13217 of 2024

Arising Out of PS. Case No.-661 Year-2023 Thana- HISUWA District- Nawada

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

Krishna Manjhi, Son of Munni Manjhi Resident of Village- Sri Rampur, Police Station- Hisua, District- Nawadah

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Parmanand Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 06-03-2024

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

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 10 litres of liquor from the hut of the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is next

Patna High Court CR. MISC. No.13217 of 2024(2) dt.06-03-2024 2/2

submitted that even alleged hut does not belong to the petitioner and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term, when admittedly petitioner is a person with clean antecedent.

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

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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Nawadah in connection with Hisua P. S. Case No.661 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

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