Patna High CourtCR. MISC./14465/2024disposed

Munna Singh @ Munna Kumar Singh v. The State Of Bihar

2024-03-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14465 of 2024 Arising Out of PS. Case No.-633 Year-2023 Thana- MADHAURAH District- Saran ====================================================== MUNNA SINGH @ MUNNA KUMAR SINGH S/O MAHESH SINGH R/O VILLAGE- PAHARPUR, P.S- AMNOUR, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rana Neha Kumari, Advocate For the Opposite Party/s :

Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a)/32(1)(2)(3),38,41 of the Bihar Excise and Prohibition & Amendment Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 254.16 liters of liquor from a tractor.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged tractor does not belong to the petitioner and he came to be implicated based on confessional statement of Shambhu Thakur in police custody which does not have any evidentiary value, when petitioner admittedly is a

Patna High Court CR. MISC. No.14465 of 2024(2) dt.11-03-2024 2/2 person with clean antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, 2nd Saran at Chapra in connection with Marhowrah P.S. Case No.633 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T