Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19629 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Manoj Rai @ Manoj Kumar S/o Nareshi Rai R/o Vill - Sumera Chakiya, P.S. - Kudhani (Turki O.P.), Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024

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 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 20.864 liters of liquor from a straw house situated beside the house of the petitioner.

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 even the alleged recovery is from a place which is outside the house. It is next submitted that no prudent person would use his own premise for committing an occurrence and thus would create evidence

Patna High Court CR. MISC. No.19629 of 2024(2) dt.22-03-2024 2/2 against himself and hence would get implicated. It is also submitted that straw house is a place outside the house and is accessible to villagers at large, as such, it appears that someone inimical to the petitioner planted meager amount of liquor for getting the family members implicated. It is next submitted that petitioner came to be implicated based on secret information which is the easiest way to implicate someone.

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. 1,000/- (Rupees One 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 Kudhani (Turki O.P.) P.S. Case No. 496 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T