Manish Singh @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16698 of 2020 Arising Out of PS. Case No.-313 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== MANISH SINGH @ MANISH KUMAR Son of Rameshwar Singh @ Ramishwar Singh Resident of Village- Balra Kishun, P.S.- Maniyari, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-10-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 272, 273, 290 of the Indian Penal Code and under Section 30(a), 34, 36, 38, 41 of the Bihar Prohibition & Excise Act.

Informant is the police officer, who in his written complaint has alleged that while he was on patrolling duty, he received information that Manish Singh (petitioner) of village Balra Kishun Ward No. 12 has stored illicit foreign liquor in

Patna High Court CR. MISC. No.16698 of 2020(2) dt.14-10-2020 2/2 huge quantity in his poultry farm for illicit trade. On such information he alongwith other police personnel reached said place and on seeing police party, Manish Kumar (petitioner) fled away on motorcycle. On search, 584.100 litres of illicit foreign liquor was recovered from his poultry farm.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this due to high handedness of police and at the instance of his local enemy. It has been further submitted that poultry farm from which liquor was recovered belongs to joint family. Petitioner has no criminal antecedent.

Allegation is recovery of 584.100 lites of illicit foreign liquor from the poultry farm of the petitioner, as such, anticipatory bail application is not maintainable and is accordingly dismissed.

However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by this order. (S. Kumar, J) veena/rajivU T