Manish Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6474 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== MANISH MISHRA Son of Sunil Mishra Resident of Village- Raghunathpur, P.S.- Karakat, District- Rohtas at Sasaram.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Karakat P.S. Case No. 200 of 2019, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. A Bajaj Platina motorcycle was recovered by the police. The occupant of the motorcycle had fled away. From the motorcycle, the police recovered 23.40 liters of foreign liquor. The registered owner of the vehicle was subsequently arrested. It appears that he disclosed to the police that he had sold the motorcycle to the petitioner. On that basis, the petitioner's name has emerged in this case.

Learned counsel appearing on behalf of the petitioner has submitted that there is no material collected in course of investigation to suggest that the petitioner had purchased the

Patna High Court CR. MISC. No.6474 of 2020(3) dt.08-07-2020 2/2 motorcycle in question. He has submitted that in fact he had never purchased the motorcycle so seized. According to him, in the absence of any recovery from the petitioner's possession of any prohibited article, in the facts and circumstances, a case for grant of anticipatory bail is made out despite there being bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016.

Considering the nature of accusation in the First Information Report and the materials collected in course of investigation, instead of going into the question as to whether this anticipatory bail application can be maintained or not, it is directed that if the petitioner surrenders before the Court below within four weeks from today and applies for regular bail, the same shall be considered and disposed of on the same day. With the above observation, this application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U T