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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26384 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== MANOJ KUMAR SINGH @ MANOJ SINGH @ MANOJ KUMAR SON OF SHRI BHAGWAN SINGH R/O VILLAGE- KATEYAKHAS, P.S.- MOHAMMADPUR, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 58.32 liters of liquor from the field kept in sacks. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the field does not belong to the petitioner and is an open space accessible to public at large, it is next submitted that

Patna High Court CR. MISC. No.26384 of 2023(2) dt.16-05-2023 2/2 the petitioner came to be implicated at the instance of local villagers but then the F.I.R. does not disclose the name of the villagers which casts doubt with regard to the veracity of the prosecution's case, when admittedly the petitioner is a person with clean antecedent.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mohammadpur P.S. Case No. 50 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T