Munmun Kumar Singh @ Munamun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27426 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -DHANGAI District- BHOJPUR ======================================================

1. Munmun Kumar Singh @ Munamun Singh Son of Gopal Singh @ Gopal Ji Singh, Resident of Village- Isadh, P.S. Jagdishpur, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dhangai Police Station Case No. 14 of 2017, disclosing offences under Sections 30(A) and 56(D) of the Bihar Excise Amendment Act, 2016.

From a car, the police personnel seized 388 bottles of foreign liquor. The petitioner has been named in the First Information Report since he happens to be the registered owner of the said vehicle.

Learned Counsel for the petitioner has submitted that there is nothing to show that the petitioner was aware of the fact that his car was being used for illegal

Patna High Court Cr.Misc. No.27426 of 2017 (2) dt.01-07-2017 2/2 purposes. She has submitted that the driver of the car, who was present, has been arrested.

Considering the submission that there is no material to show that the petitioner was knowing illegal use of his car, this application is allowed.

Let the petitioner, Munmum Kumar Singh @ Munmum Singh, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IV, Ara, in connection with Dhangai Police Station Case No. 14 of 2017 (Excise No. 135 of 2017), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √