Patna High CourtCR. MISC./12998/2017bail granted

Munna Singh v. The State Of Bihar

2017-03-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12998 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Munna Singh, son of Binay Singh, resident of Village-Ganesh Tola Lakhaura, P.S.-Lakhaura, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Muffasil (Lakhaura) P.S. Case No. 3 of 2017 instituted for the offence under Section (s) 30(a) of the Bihar Excise(Amendment) Act, 2016.

It has been submitted that petitioner has clean antecedent. The name of the petitioner has come in the confessional statement of co-accused Prabhu Sahani who was apprehended on the spot. The alleged liquor has been recovered from the vacant land of co-accused Banke Singh. As per written report, the police got information that this petitioner has kept illicit liquor on the vacant land of Banke Singh. The police reached on the spot and seized illicit

Patna High Court Cr.Misc. No.12998 of 2017 (2) dt.23-03-2017 2/2 liquor as mentioned in the written report. The police arrested Prabhu Sahani from the spot who disclosed the name of this petitioner. Similar facts have been mentioned in the impugned order passed by the learned Sessions Judge.

In this manner, the petitioner was not present on the spot. He was not named in the written report. There is no recovery from his possession and his name has been disclosed by co-accused Prabhu Sahani who was arrested on the spot. Keeping in view the clean antecedent and no specific allegation against this petitioner, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Muffasil(Lakhaura) P.S. Case No. 3 of 2017, G.R. Case No. 57 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T