Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36683 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- ASANWA District- Siwan ====================================================== Manish Singh, Son of Rajendra Singh, Resident of Village - Ttiyay Tiae, P.S.- Asaon, Distt - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2019 Learned counsel for the petitioner is permitted to make correction in the typographical error occurring in paragraph 1 of the application in course of the day. Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner in the present case is seeking anticipatory bail in connection with Asaon P.S. Case No. 136 of 2018 registered for the offences punishable under Sections 279, 427, 379 and 34 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that so far as this petitioner is concerned, he happens to be the near relation of the owner of the vehicle in question which had allegedly met an accident. The allegation is that when the driver was arrested when he was found in drunken condition and had caused the

Patna High Court CR. MISC. No.36683 of 2019(2) dt.13-06-2019 2/2 accident, the owner of the vehicle along with some of his relatives came there and took away the vehicle by use of duplicate key. Learned counsel submits that so far as this petitioner is concerned, he has been falsely implicated, he is not the owner of the vehicle and has no criminal antecedent. Learned APP for the State is present and has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case wherein the petitioner is said to be the near relative of the owner of the vehicle, but he is not the owner of the vehicle and has no criminal antecedent, let in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge IInd-cum-Special Judge, Excise, Siwan in connection with Asaon P.S. Case No. 136 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

arvind/- (Rajeev Ranjan Prasad, J) U T