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2025 DAILYLAW 27337 (PAT)

Mangar Manjhi @ Mangar Musahar @ Magar Manjhi v. The State of Bihar

CR. MISC./22253/2025 · 2025-04-28

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22253 of 2025 Arising Out of PS. Case No.-177 Year-2024 Thana- TARARI District- Bhojpur ====================================================== Mangar Manjhi @ Mangar Musahar @ Magar Manjhi S/o Late Butan Manjhi @ Late Butan Manjhi R/o vill - Dumariya, Keshopur Gangti Mushari, P.s.- Tarari, Distt.- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 28-04-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 26 liters illicit liquor was recovered out of which 5 liters illicit liquor was recovered from the house of petitioner. 4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has been made accused only on suspicion. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State submits that 5 liters Patna High Court CR. MISC. No.22253 of 2025(2) dt.28-04-2025 2/2 illicit liquor was recovered from the house of petitioner. He further submits that petitioner is not entitled to the privilege of anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). 6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected. Navya/- (Prabhat Kumar Singh, J) U T