Manoj Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4584 of 2020 Arising Out of PS. Case No.-182 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== Manoj Singh @ Manoj Kumar, Male, aged about 25 years, Son of Late Bhola Singh, Resident of Village - Itimha, Police Station - Nasriganj, District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh,Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

The petitioners is apprehending arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2016, as amendment by Amendment Act, 2018.

It is alleged that from the house of the petitioner, 171.9 liters of Indian Made Foreign Liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned counsel for the State submits that since the said recovery has been made from the house of the petitioner,

Patna High Court CR. MISC. No.4584 of 2020(2) dt.29-02-2020 2/2 hence, anticipatory bail application is not maintainable. Considering the nature of recovery, this Court is not inclined to release the petitioner on anticipatory bail. Let the learned court below consider the prayer for regular bail of the petitioner, if he surrenders before the learned court below within a period of six weeks, in connection with P.S. Case No. Nasriganj P.S. Case No. 182 of 2019 pending before the learned Additional District & Sessions Judge-IIndcum-Special Judge, Excise Act, Rohtas at Sasaram. With the above observation, the present application stands disposed of.

(Dinesh Kumar Singh, J) Rahul/Gautam U T