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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11985 of 2018 Arising Out of PS.Case No. -392 Year- 2017 Thana -PUNPUN District- PATNA ======================================================

1. Manoj Singh @ Manoj Kumar Singh, S/o Late Baiju Singh, Resident of Mohalla- Mohiuddin Pur Prawana, P.S.- Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Punpun PS case no. 392 of 2017 registered for the offences punishable under Sections 30(a), 37(b)(c) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 51 ltrs. of illicit liquor from the house of one Manju Devi and upon her confessional statement, the petitioner herein has been implicated in the present case. The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the house from where the recovery has been made belongs to the petitioner. It is further submitted that the petitioner is an accused in three cases but he is on bail in all the said three cases. Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act,

Patna High Court Cr.Misc. No.11985 of 2018 (2) dt.28-02-2018 2/2 I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Patna in connection with Punpun PS case no. 392 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that in case, the petitioner is implicated in similar types of cases, the present privilege of anticipatory bail shall stand cancelled automatically. (Mohit Kumar Shah, J) rinkee/- U T