Patna High CourtCR. MISC./34217/2019bail granted

Mannu Singh @ Mannu Kumar Singh v. The State Of Bihar

2019-05-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34217 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== MANNU SINGH @ MANNU KUMAR SINGH, aged about 30 years Son of Ram Pravesh Singh Resident of Village - Ahirauliya, P.S.- Kotwa, Distt - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :Mr.Umesh Chandra Verma, Advocate For the Opposite Party :Mr.Dr.Mrityunjaya Kr.Gautam, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Amendment Act, 2016.

There is allegation of recovery of 51.840 liters of foreign liquor from a room containing husk belonging to the petitioner.

Learned counsel for the petitioners seriously disputes the search and seizure which has not been conducted as per the provisions under section 100 of the Cr.P.C. He submits that the place of seizure is 500 meters away from the house of the petitioner and the same does not belong to him.

Patna High Court CR. MISC. No.34217 of 2019(2) dt.27-05-2019 2/2 Petitioner has no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IX cum Special Judge, Excise, Motihari, East Champaran/Court in seisin of Excise Case No. 155 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T