Manoj Prasad @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6621 of 2018 Arising Out of PS.Case No. -316 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== MANOJ PRASAD @ MANOJ KUMAR, S/o Radha Prasad, R/o Piro, P.S.- Piro, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Deovind Kumar Singh, Advocate. For the Opposite Party : Mr. Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 8 persons were apprehended in drunken state.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 8 persons were apprehended in drunken state. The breath analyzer test of 8 persons were conducted. The

Patna High Court Cr.Misc. No.6621 of 2018 (3) dt.02-04-2018 2/2 said report is the part of the F.I.R. The name of the petitioner does not figure in the said report. Admittedly, no test was conducted in respect of the petitioner nor he was apprehended on spot. Surprisingly, the name of the petitioner was indicated in the accused column. There is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IInd-cum-Special Judge, Excise, Rohtas, Sasaram, in connection with Rohtas P. S. Case No. 316 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T