Manoj Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29977 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- THARTHARI District- Nalanda ====================================================== MANOJ SINGH @ MANOJ KUMAR, S/o Surendra Sharma, Resident of Village-Narayanpur, Police Station-Tharthari, District-Nalanda at Biharsharif. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

: Mr.Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2021 Heard the parties.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 341, 323, 307, 504/34 of the Indian Penal Code and Sections 25(1b)a/26/35/27 of the Arms Act and Section 37(b) (c) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner alongwith other accused persons is of firing upon the informant and during search liquor was found and accordingly seizure list was

Patna High Court CR. MISC. No.29977 of 2020(2) dt.25-01-2021 2/2 prepared.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no any section is made out in the Excise Act and there is no recovery of any arm from the conscious possession of the petitioner. The petitioner has got no criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge cum Special Judge (Excise), Nalanda at Biharsharif in connection with Tharthari P. S. Case No. 82 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T