Mannu Sahani @ Mannu Kumar @ Mannu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43330 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== Mannu Sahani @ Mannu Kumar @ Mannu Sahni, S/o Lakshandev Sahni R/o vill - Sonwarsha Sah, P.s. - Maniyari, distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024 1.Heard learned counsel for the petitioner and learned APP for the State.
2.The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3.The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 460.44 litres of liquor from a bansbari adjacent to the house of the Dilip Kumar.
4.The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his
Patna High Court CR. MISC. No.43330 of 2024(2) dt.02-08-2024 2/3 conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he has no connection with Dilip Kumar and he came to be implicated based on secret information, which is the easiest way to implicate someone, when admittedly petitioner is a person with clean antecedent.
5.Learned A.P.P. opposes the anticipatory bail application.
6.Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Maniyari P. S. Case No.68 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.43330 of 2024(2) dt.02-08-2024 3/3 7.The application stands allowed.
8.It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) vikash/- U T