Manish Singh @ Tinku Singh @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19904 of 2019 Arising Out of PS. Case No.-401 Year-2018 Thana- MASHRAK District- Saran ====================================================== Manish Singh @ Tinku Singh @ Manish Kumar Singh, Son of Prabhu Nath Singh, Resident of Village- Lauwankala, P.S.- Baniyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 120B of the Indian Penal Code and Sections 30, 30(a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016. It is alleged that from a Honda City car and a truck total 1140.570 litres of Indian Made Foreign Liquor were recovered. Two persons were found sitting in the car who disclosed their names as Salim and Asif. On their disclosure, huge quantity of liquor were recovered from a truck. The apprehended persons disclosed the name of other persons including the petitioner as persons who were to receive the consignment.

Patna High Court CR. MISC. No.19904 of 2019(3) dt.11-04-2019 2/3 It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, no offence is made out against the petitioner. The petitioner is not the owner of the either the alleged car or the truck, though the statement to that effect has not been made in the petition. It is further submitted that the name of the petitioner sprang up on the confession of apprehended co-accused, which has no evidentiary value and similarly situated co-accused Ashok Sah has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 10.01.2019 passed in Cr. Misc. No. 79972 of 2018. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the statement of apprehended co-accused.

Patna High Court CR. MISC. No.19904 of 2019(3) dt.11-04-2019 3/3 learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Saran at Chapra in connection with Masrakh P.S. Case No. 401 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T