Manoj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44483 of 2016 (2) dt.27-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44483 of 2016 Arising Out of PS.Case No. -150 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Manoj Kumar, Son of Late Ayodhaya Singh, resident of Vill- Kuraich P.S.- Sasaram Nagar, Dist- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Sri Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No. 150 of 2016 registered under Sections 47(a), 53(b) of the Bihar Excise (Amendment) Act, 2016. The accusation is that in the premises of Son Temple situated near canal, some persons were seen by the officials of the Excise Department, on which, they started to flee away. On chased, Vijay Singh, Ajay Singh and Guddu Singh were arrested. On search, 190 puches of country made liquor, which was manufactured in Jharkhand State, were recovered. On query, they also disclosed the name of this petitioner, who succeeded to flee

Patna High Court Cr.Misc. No.44483 of 2016 (2) dt.27-10-2016 away.

Learned counsel for the petitioner submits that petitioner was not apprehended by the police at the spot, where the alleged country made liquors are said to be recovered rather the name of the petitioner has been disclosed by co-accused, who is said to be apprehended at the spot. It is further submitted that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Excise Case No. 150 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T