Manish Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14159 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Manish Kumar @ Lalu S/O Surendra Singh @ Bhikhari Singh R/O VillageMaudah Chatur, P.S- Patepur, District- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the State :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 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 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of ten cases and allegation is of recovery of 5718.6 liters of liquor from a Truck and four Pickup Van.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is neither the owner nor the driver of the alleged vehicles and he came to be implicated at the instance

Patna High Court CR. MISC. No.14159 of 2024(2) dt.07-03-2024 2/2 of Chaukidar with whom he is on an inimical term, it is also submitted that it appears that the Chaukidar in order to save the real culprits falsely implicated the petitioner taking advantage of his antecedents, it is further submitted that the police went on implicating the petitioner in a similar manner on account of which his name transpired in ten cases.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patepur P.S. Case No. 323 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T