Mannu Prasad @ Mannu Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5081 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== MANNU PRASAD @ MANNU KUMAR PRASAD SON OF UPENDRA PRASAD R/O VILLAGE- UKHAI PURAB PATTI, P.S.- SARAI (O.P.), DISTRICT- SIWAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Kumar For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pancharukhi P.S. Case no. 278 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 30 litres of country made liquor from a rickshaw, parked outside the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no
Patna High Court CR. MISC. No.5081 of 2022(2) dt.15-06-2022 2/2 concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pancharukhi (Sarai O.P.) P.S. Case no. 278 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U