Menendra Prasad Singh @ Munendra Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16967 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== MENENDRA PRASAD SINGH @ MUNENDRA PD. SINGH S/O- LATE SARYA NARAYAN SINGH R/O- VILLAGE- SELARA, P.S.- JAYNAGAR, DIST.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024 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 272, 273, 34 of the I.P.C. and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 45.300 litres of illicit liquor from the two motorcycle.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and and he came to be implicated he is owner of the one motorcycle. It is also

Patna High Court CR. MISC. No.16967 of 2024(2) dt.18-03-2024 2/2 submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Vikas would misuse the vehicle in the manner as alleged as he was also apprehended from the spot.

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. 5,000/- (Rupees Five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khajauli P.S. Case No. 154 of 2023 (G.R. No.1224 of 2023), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) sanjeev/- U T