Disposed

Milan Manjhi v. The State of Bihar

Patna HC1 Apr 2024CR. MISC./22947/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an excise case involving alleged recovery of 190 litres of liquor from a mango orchard, claiming he was not arrested at the spot and was implicated through an inimical Chowkidar. The court granted anticipatory bail with conditions under Section 438(2) Cr.P.C.

What did the court decide?

Anticipatory bail granted on furnishing bail bonds of Rs. 500/- with two sureties of like amount each upon arrest or surrender within six weeks.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22947 of 2024

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Arising Out of PS. Case No.-769 Year-2023 Thana- HAJIPUR SADAR District- Vaishali

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

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Milan Manjhi S/o Chandeshwar Manjhi R/o vill - Jamalpur, P.S. - Sadar Hajipur, Distt. - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Gopesh Raj For the Opposite Party/s : Mr.Manoj Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 01-04-2024

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 190 litres from a mango orchard.

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4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner. It is next submitted that he came to be implicated at the instance of Chowkidar with whom

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Patna High Court CR. MISC. No.22947 of 2024(2) dt.01-04-2024 2/2

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he is on an inimical term. It is also submitted that in majority of the cases, the police, in a mechanical manner, is implicating the accused persons through Chowkidar. It is further submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which further casts aspersion on the case of the prosecution.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. 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 trial court within a period of six weeks from today, be released on anticipatory 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 trial court where the case is pending/successor court in connection with Sadar Hajipur P.S. Case No. 769 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Milan Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Milan Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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