Manish Singh @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33818 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Manish Singh @ Manish Kumar, S/O Satyendra Singh, R/O Village- Pakri Dixit, P.S- Kalyanpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 224 of 2023 instituted under Sections 30 (a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 138.240 litres of illicit foreign liquor was recovered from the half constructed house of co-accused Satendra Singh.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner has no concern with the seized liquor which was recovered from the semi-constructed house of co-accused Satendra Singh. Petitioner is living separate since long from his

Patna High Court CR. MISC. No.33818 of 2024(2) dt.17-05-2024 2/2 father and has no concern with the family affairs of his father. Petitioner has no criminal antecedent and similarly situated co-accused namely Amarnath Tiwari @ Chhotu has already been granted anticipatory bail by this Court vide order dated 08.09.2023 passed in Cr. Misc. No. 59337 of 2023. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge, Court No. 01, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 224 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T