Manan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39954 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== MANAN TIWARI, Son of Harinarayan Tiwari Resident of Village- Bishupur, P.S.- Nanijore, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Brahmpur (Nanijore) P.S.Case No. 112 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation, as per the FIR, is that the police, while on patrolling duty, caught hold one Ashwini Kumar Yadav and recovered 8.640 litres of foreign liquor and in his statement he disclosed the name of the petitioner.

Mr. Bachchan Jee Ojha, learned counsel for the petitioner submits that petitioner is innocent and his name transpired on the confessional statement of the co-accused. He further submits that nothing has been recovered from the conscious possession of the petitioner as such no case under Section 30(a) of the Excise Act has made out against him and petitioner has got no

Patna High Court CR. MISC. No.39954 of 2019(2) dt.28-06-2019 2/2 criminal antecedent.

After having heard learned counsel for the petitioner and State and upon perusal of the materials available on record, it appears that name of the petitioner has occurred on the basis of statement of co-accused who was arrested by the police and there is no recovery of illegal liquor from the conscious possession of the petitioner. Upon perusal of FIR, no prima facie case is made out against him as such I am inclined to grant privilege of anticipatory bail to him.

Accordingly, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge, Excise Act, Buxar in connection with Brahmpur (Nanijore) P.S. Case No. 112 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T