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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25568 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- MASHRAK District- Saran ====================================================== Manish Singh @ Manish Kumar Singh Son Of Late Paras Singh Resident Of Village- Gopalbari, Ps- Mashrakh, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Mashrakh P.S. Case No. 28 of 2024 registered for the offences punishable under Sections 272 & 273 of the Indian Penal Code and Sections 30(a), 34 & 33 of the Bihar Prohibition and Excise Act.

3.

The prosecution case in short is that 240 litres spirit and five vials of Traxol 1000 injection was recovered from the second floor of a sweet shop.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.25568 of 2024(3) dt.17-05-2024 2/2 It is submitted that petitioner has no concern with the sweet shop from whom recovery is made. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no knowledge regarding the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 26-02-2024, passed in Cr. Misc. No. 12127 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mashrakh P.S. Case No. 28 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T