Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24666 of 2020 Arising Out of PS. Case No.-217 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Manoj Kumar Gupta Son of Bachchu Saw Resident of Village- Sherpur, P.S.- Sirdala, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. AG ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned counsel for the state.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sirdala P.S. Case No.217 of 2020 registered under section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, 15 liters of country liquor was recovered from the motorcycle belonging to this petitioner.

It is submitted by learned counsel for the petitioner that although it is a fact that the said motorcycle belongs to him, but no recovery as alleged has taken place. He has been falsely been implicated in this case. He was not arrested at the spot. He has no criminal antecedent. It is further submitted that a supplementary affidavit has also been filed making some

Patna High Court CR. MISC. No.24666 of 2020(3) dt.06-01-2021 2/2 corrections with respect to some typographical errors in the main petition.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent and was not arrested at the spot, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Sirdala P.S. Case No.217 of 2020 he will be enlarged 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 learned Additional Sessions Judge, IInd-cumSpecial Judge, Excise Act, Nawada, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash Narayan /- U T