Allowed

Santosh Manjhi v. The State of Bihar

Patna HC18 Oct 2024CR. MISC./68873/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise prohibition case involving recovery of Jawa Mahua and country liquor from petitioner's house. The court allowed the application, directing surrender within four weeks and bail on furnishing bonds with two sureties under section 438(2) Cr.P.C. conditions.

What did the court decide?

Petitioner to surrender within four weeks and be enlarged on bail on Rs. 10,000 bond with two like sureties, subject to section 438(2) Cr.P.C. conditions.

Santosh 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.68873 of 2024

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Arising Out of PS. Case No.-156 Year-2024 Thana- KONCH District- Gaya

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

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Santosh Manjhi S/o- Baldeo Manjhi @ Baldev Manjhi Village- Mahua Bigha PS-Konch Dist- Gaya

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Versus

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The State of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Sharma, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 18-10-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Konch P.S. Case No.156 of 2024 instituted for the offence under Sections 30(a), 30(c) of the Bihar Excise Prohibition (Amendment) Act, 2022.

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The case of the prosecution is that from the house of the petitioner 800 liters of Jawa Mahua and 2.5 liters of country made liquor was recovered.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the copy of the seizure list was

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Patna High Court CR. MISC. No.68873 of 2024(2) dt.18-10-2024 2/2

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not provided to the petitioner. The petitioner is living outstation for earning his livelihood. The petitioner is having no criminal antecedent.

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In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Konch P.S. Case No.156 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-IV, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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Accordingly, the present bail application stands

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allowed.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Santosh Manjhi v. The State of Bihar

Case brief

What is this about?

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Santosh Manjhi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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