Manu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33177 of 2021 Arising Out of PS. Case No.-539 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== Manu Kumar S/o Ramaautar Singh @ Rambarat Singh R/o village- Gothahlla Karwa, P.S.- Ara Mufassil, District- Bhojpur at Arah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Adv For the Opposite Party/s :

Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2021 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

Informant who is police officer has alleged in his FIR that on 02.11.2020, while he was checking vehicles, one Red Maruti Swift Car when signalled to stop tried to flee away however was intercepted and two persons were apprehended, who were sitting in the Car and from the said Car 84 litre of country made mahua liquor was recovered . It is further alleged that the apprehended accused disclosed the name of petitioner to have been involved in the trade of illicit liquor with them. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case on the

Patna High Court CR. MISC. No.33177 of 2021(3) dt.02-11-2021 2/2 basis of rivalry and animosity. It has further been submitted that petitioner was neither apprehended from the place of occurrence nor any illicit liquor has been recovered from his house or conscious possession, as such no offence under excise act is made out against him.

Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Ara Nagar P.S. Case No. 539 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U