Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50706 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- SAHPUR District- Patna ====================================================== MANISH KUMAR, S/O RAM PRAVESH RAI, aged about 28 years, Male, R/o village- Nurpur Chandmari, P.S.- Shahpur, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoranjan Kumar, Advocate For the Opposite Party :

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 179 of 2021 for the offence registered under Sections 30(a), 30(c) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that 09 liters wine is recovered from the Motorcycle of the petitioner bearing Registration No. BR-01-CN-0423 and 80 Kg. Mahua is recovered from another Motorcycle in question. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.50706 of 2021(2) dt.17-11-2021 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 09 liters wine is recovered from the Motorcycle of the petitioner bearing Registration No. BR-01-CN-0423 and 80 Kg. Mahua is recovered from another Motorcycle. The petitioner had given his Motorcycle to his covillager for his personal use. The petitioner had no knowledge regarding the nature of goods kept in his Motorcycle. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner.

There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.50706 of 2021(2) dt.17-11-2021 3/3 Shahpur P.S. Case No. 179 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T