Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5284 of 2019 Arising Out of PS. Case No.-656 Year-2018 Thana- DANAPUR District- Patna ====================================================== Manish Kumar aged about 22 years Male, son of Upendra Kumar Yadav Upendra Rai a resident of behind Dy. S. P. Office, Saguna More, Pani Tola, P.S. - Danapur, District - Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-02-2019 No one appears on behalf of the petitioner. Learned Additional Public Prosecutor for the State is present. The petitioner is seeking anticipatory bail in connection with Special Case No. 8863 of 2018 arising out of Danapur P.S. Case No. 656/2018 registered under Sections 30(a) of the Indian Penal Code pending in the court of learned Special Judge, Excise, Patna.

It appears from perusal of the records that the name of the petitioner has transpired in the confessional statement of the co-accused who were arrested allegedly with the vehicle and the illicit liquor. The petitioner has made statement in the anticipatory bail application to the effect that except suspicion and confession there is no material against the petitioner to connect him in the present case. It has been specifically stated

Patna High Court Cr.Misc. No.5284 of 2019(2) dt.14-02-2019 2/2 that the petitioner has no concern with the vehicle in question. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it appears from perusal of the records that the name of the petitioner has transpired in the confessional statement of the co-accused but it is the stand of the petitioner that the vehicle in question from which the liquor has been recovered does not belong to him and that he has no criminal antecedent, in case he surrenders and prays for regular bail in the court below within a period of four weeks from today, the same shall be considered and will be disposed of on the same day by the court below keeping in mind the aforesaid aspects of the matter which have been stated in the present anticipatory bail application. The application for regular bail in such circumstance will not be rejected only because this court is not granting anticipatory bail to the petitioner and directed the petitioner to surrender in the court below.

Accordingly, this application stands disposed of. (Rajeev Ranjan Prasad, J) Rajeev/- U T