Manish Kumar @ Manish Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23594 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== MANISH KUMAR @ MANISH MISHRA, aged about 28 years, Male, Son of Kamlesh Tiwary @ Kamlesh Kumar Mishra, Resident of Village- Sadha Singhila, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

The petitioner apprehends his arrest in Motipur P.S. Case No.77 of 2019 registered under Sections 30(a), 38(1)(2) and 41(1)(2) of Bihar Prohibition and Excise Act. The S.H.O., Motipur in his written statement alleged that he got secret inputs about keeping of consignment brought by Munna Singh and his associates including the petitioner and kept in and around the house of Munna Singh and on such, a raid was conducted and 443 liters of Indian made foreign liquor of different brands was recovered from the house of Munna Singh and from his pond situated by the side of house of Munna Singh.

The learned counsel for the petitioner submits that except the disclosure made by the investigating officer that the petitioner is one of the accomplices of Munna Singh, there is no

Patna High Court CR. MISC. No.23594 of 2019(2) dt.12-04-2019 2/2 material on record to show that the petitioner brought the consignments of liquor and kept in the house of Munna Singh. Petitioner has got no criminal antecedent and this is the first case in which he has been made accused that too without any basis and material.

Taking into consideration the fact that of course the petitioner is said to be one of the associates of Munna Singh but no recovery is made from the conscious possession of the petitioner and huge quantity of liquor was recovered from the house and other parts of the house and pond of Munna Singh, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No.77 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T