Manoj Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18974 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Manoj Sada son of Chalitar Sada, Resident of Village- Garkhauli, P.S. Chariabariyarpur, (Manjhaul O.P.), District- Begusrai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Cheriabariyarpur P.S.Case No. 154/2015, disclosing offences under sections 290/293 of the Indian Penal Code and section 47A of the Excise Act.

From the First Information Report, it appears that the informant, who is the Circle Officer of Cheriabariyarpur Block, on the basis of suspicion searched a kiosk in which no one was present. Two persons roaming around the place is said to have told the informant that it was being run by the petitioner. In course of search, 48 bottles of country made liquor were recovered. Learned counsel for the petitioner has submitted that the

Patna High Court Cr.Misc. No.18974 of 2016 (2) dt.09-05-2016 said kiosk does not belong to the petitioner and apparently his implication is based on the statement of two persons, who were present near the kiosk. The petitioner has no criminal antecedent. Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Manjhaul, Begusarai in Cheriabariyapur P.S.Case No. 154/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U