Munna Singh @ Deepak Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11909 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- TATARPUR District- Bhagalpur ====================================================== MUNNA SINGH @ DEEPAK KISHORE Son of Bal Kishore Singh Resident of Nandlal Mishra Gali, Surkhikal, P.S.- Barari, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Choudhary, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Tatarpur P.S. case No.109 of 2020 registered under Sections 269, 270, 188, 420/34 of I.P.C. and Section 11 of Bengal Public Gambling Act, 1867 and Section 3 of Epidemic Diseases Act and 51(B) of N.D.M. Act and 37(C) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that a raid was conducted at the Hotel by the police and the police found that some persons were playing cards and empty bottles of liquor

Patna High Court CR. MISC. No.11909 of 2021(3) dt.23-08-2021 2/3 was recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is alleged to be the owner of the Hotel in question, where some of the persons were found playing cards and they were found in drunken state. There is no recovery of liquor from the conscious possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Sessions Judge II-cumSpecial Judge, Excise, Bhagalpur in connection with Tatarpur P.S. case No.109/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.

Patna High Court CR. MISC. No.11909 of 2021(3) dt.23-08-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T