Patna High CourtCR. MISC./17561/2024bail granted

Manohar Kumar v. The State Of Bihar

2024-03-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17561 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Manohar Kumar SON OF RAJU RAI @ RAJDEO RAI @ RAJ DEV RAI RESIDENT OF VILLAGE- MAHUA SINGH RAI, PS- MAHUA, DISTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

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(ii), 41(i) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 4848.72 liters of liquor from a truck.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he is not the owner of the truck and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that it appears

Patna High Court CR. MISC. No.17561 of 2024(2) dt.19-03-2024 2/2 that the police in order to save the real culprits falsely implicated the petitioner taking advantage of his 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.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Goraul P.S. Case No.559 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