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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24240 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

MANISH SINGH @ MANISH KUMAR SINGH, S/O Akhilesh Singh, Resident of village - Sadpur Chatar, P.S. Daudpur, District - Saran at Chapra. 2.

Suraj Kumar Singh, S/O Santosh Singh, Resident of village - Sadpur Chatar, P.S. Daudpur, District - Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sharma For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30/30(A), 38 (i) (ii) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.24240 of 2020(2) dt.16-10-2020 2/3 Learned counsel for the petitioners that there is no recovery from the conscious possession of the petitioners. There is recovery of total 1425.600 liters of English wine from the Tanker. The petitioners have been made accused on the basis of confessional statement of co-accused which were apprehended from the place of occurrence.

Learned APP for the State opposes the bail petition. Petitioners are agreed to deposit a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) each in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Judge-cumSpecial Judge Excise, Saran at Chapra in connection with Manjhi P. S. Case No. 336/2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.24240 of 2020(2) dt.16-10-2020 3/3 The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 25,000/- (Rupees Twenty Five Thousand) each in the Chief Minister Relief Fund.

(Anjani Kumar Sharan, J) amitkumar/- U T