Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41336 of 2022 Arising Out of PS. Case No.-218 Year-2021 Thana- WARISNAGAR District- Samastipur ====================================================== MANISH KUMAR Son of Ramsohag Rai Resident of village- Gohi Bashurpur, Lokhmi, P.S- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 871.125 litre of liquor from a pick-up van which was being unloaded at the house of Raj Kumar Rai.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and he was not arrested from the spot, as such, nothing was recovered

Patna High Court CR. MISC. No.41336 of 2022(2) dt.25-08-2022 2/2 from his conscious possession. He further submits that neither the pick-up van nor the motorcycle belongs to the petitioner and he came to be implicated at the instance of the police. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Warisnagar P.S. Case No. 218 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T