Mani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10689 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Mani Kumar Son of Ramashankar Prasad Resident of Village- Ward No. 7, Pakaridayal, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore, Adv.

For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Pakaridayal P.S. Case No. 293 of 2023 dated 24.12.2023 for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 79.8 litres of illicit foreign liquor and 5 litres of illicit country made liquor were recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case

Patna High Court CR. MISC. No.10689 of 2024(2) dt.27-02-2024 2/2 only on the basis of secret information. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day in accordance with law and on its own merits without being prejudiced by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Gautam/- U T