Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32036 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== MANISH KUMAR SINGH Son of Late Rampukar Singh Resident of Village - Loharpatiya, P.S.- Lauriya, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-11-2019 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 Rail Narkatiyaganj PS case no. 35 of 2019 registered for the offences punishable under Sections 353/34 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of illicit liquor from the co-accused persons namely Anup Kr. Singh and Anuj Kr. Singh.

The learned counsel for the petitioner submits that neither any recovery has been made from the possession of the petitioner nor he has got any complicity in the matter, hence no

Patna High Court CR. MISC. No.32036 of 2019(3) dt.26-11-2019 2/2 offence is made out under the provisions of the Bihar Excise and Prohibition Act. It is further submitted that the petitioner is having clean antecedent.

Having regard to the facts and circumstance of the case, 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 learned Special Judge, Excise, Bettiah, West Champaran in connection with Rail Narkatiyaganj PS case no. 35 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T