Manish Pandey @ Manish Kumar @ Manish Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22680 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- SARAI District- Vaishali ====================================================== MANISH PANDEY @ MANISH KUMAR @ MANISH KUMAR PANDEY SON OF RAM NARESH PANDEY R/O VILLAGE- DHARAMPUR BANDE, BANDA, P.S.- PATORY, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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 Sections 467 and 468 of the Indian Penal Code and Section 30(a), 35(i), 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 2358 liters of liquor from a container as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.22680 of 2023(2) dt.15-05-2023 2/2 implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value, it is also submitted that petitioner is neither the owner nor the driver of the alleged container and because of his antecedents, the police implicated him falsely.

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. 20,000/- (Rupees Twenty 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 Sarai P.S. Case No. 47 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T