Manish Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11877 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== MANISH KUMAR @ LALU S/O SURENDRA SINGH @ BHIKHARI SINGH R/O VILLAGE- MAUDAH CHATUR, P.S- HARILOCHANPUR (SUKKI), DISTT.- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the India Penal Code as well as Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of nine cases.

4. Allegation is of recovery of 1102.68 litres of liquor from a pick-up van.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is neither the

Patna High Court CR. MISC. No.11877 of 2024(2) dt.04-03-2024 2/2 owner nor the driver of the seized vehicle. It is further submitted that petitioner came to be implicated based on confessional statement of Sanoj Kumar in police custody which does not have any evidentiary value in the eye of law. It is next submitted that it appears that the police through Sanoj Kumar got the petitioner implicated in order to save the real culprits taking advantage of his antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.45,000/- (Rupees Forty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baligaon P.S. Case No. 173 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T