Manish Kumar @ Palan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26887 of 2023 Arising Out of PS. Case No.-435 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== MANISH KUMAR @ PALAN SON OF SONELAL RAI Resident of village - Mahmmad Pur, P.S. - Paroo, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 19.620 liters of liquor from the Bhusal of his house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner came to be implicated based on confessional statement of Sonelal Rai and Neelam in police custody which does not have any evidentiary value, it is also

Patna High Court CR. MISC. No.26887 of 2023(2) dt.16-05-2023 2/2 submitted that petitioner has been falsely implicated by alleging that the Bhusal belongs to him when it is specifically asserted and pleaded in the anticipatory bail application that petitioner is not the owner of the Bhusal.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paroo P.S. Case No. 435 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T