Munna Rai @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39316 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Munna Rai @ Munna Kumar, Son of Gandhi Rai @ Ramanuj Rai, Resident of Village-Raypur Hasan, P.S-Sonepur, Distt- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Munna Raj, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-06-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Pirbahore P.S. Case No. 190 of 2024 registered for the alleged offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

03. As per prosecution case, on the basis of secret information that two persons were selling illicit liquor, a raid was conducted and one person was apprehended. From the possession of the apprehended person, four litres of country made liquor was recovered.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from his

Patna High Court CR. MISC. No.39316 of 2024(2) dt.13-06-2024 2/3 possession. The petitioner has been named in this case merely on the basis of confessional statement of co-accused and except for suspicion, there is nothing against the petitioner who is having antecedent of one case.

05. Learned APP vehemently opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of this petitioner and and further considering possibility of false implication of the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Patna/concerned court in connection with Pirbahore P.S. Case No. 190 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.39316 of 2024(2) dt.13-06-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) annu/MaynazU T