Manish Kumar @ Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2496 of 2019 Arising Out of PS. Case No.-1157 Year-2018 Thana- SONEPUR District- Saran ====================================================== Manish Kumar @ Manish Singh, age-33 years, Male, Son of Suvansh Prasad Singh @ Suvansh Singh, Resident of Village-Kutubpur Sahmal, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rina Sinha For the Opposite Party/s :
Mr.Anil Kumar (App78) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 188 and 420 of the IPC and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case is to the effect that from a truck, 4430 litres of foreign liquor were recovered and the driver of the intercepted truck, namely, Vinay Kumar Roy was apprehended, who disclosed the name of the petitioner, as the person who managed to escape from the scene.
It is submitted by learned counsel for the petitioner that the petitioner was not arrested from the truck in question and the
Patna High Court Cr.Misc. No.2496 of 2019(2) dt.21-01-2019 2/2 petitioner, in no way, is connected either with the alleged truck or with the seized liquor.
Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused. Considering the fact that prosecution case does not suggest that the recovery has been made from the possession of the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 6th Addl. Session Judge, Saran at Chhapra in connection with Sonepur P.S. Case No. 1157 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T