Aneesh Manjhi S/o Garib Manjhi vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Pat) 152

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSUL @ ANSHUL RAJ
Aneesh Manjhi S/o Garib Manjhi – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Appellant : Prabhat Kumar Singh
For the Respondent: Satyanarayan Singh

JUDGMENT :

ANSUL @ ANSHUL RAJ, J.

1. This appeal has been preferred by the appellant for setting aside the impugned judgment of conviction and order of sentence dated 30.06.2021 passed by learned 1^st Additional District & Sessions Judge-cum-Special Judge Excise, Jamui in Tr. No. 217 of 2018 arising out of Malaypur P.S. Case No. 60 of 2018, whereby the concerned Trial Court has convicted the appellant for the offence punishable under Section 37(b) of the Bihar Prohibition and Excise Act, 2016 and awarded sentence to a fine of Rs. 50,000/- and on default of payment of fine the appellant will have to suffer imprisonment for three months which the appellant has already suffered prior to conviction shall be adjusted against three months sentence.

2. The brief case of the prosecution, as per fardbeyan of informant, namely, Kamlesh Kumar Singh, ASI, Malaypur Police Station is that he lodged a written report stating therein that on 20.08.2018 at about 14.30 o'clock when he along with his patrolling party proceeded he got an information on mobile that the appellant is in inebriated condition and creating nuisance in the locality. In order to verify his intoxicating condition, he was examined b