Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40943 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Manish Kumar Singh, Son of Rabindra Singh Resident of Village - Chitaur, P.S.- Aandar, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Guthani P.S. Case no. 37 of 2019, registered under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act.

The accusation is of recovery of a sack containing 170 pouches, each containing 200 ML country made liquor, which was kept on motorcycle of petitioner by Anish Kumar @ Jangali.

Learned counsel for the petitioner submits that, in fact, the alleged liquor recovered from the possession of Anish Kumar @ Jangali, who is brother of the petitioner and petitioner has falsely been implicated in this case being the

Patna High Court CR. MISC. No.40943 of 2019(2) dt.03-07-2019 2/2 owner of the motorcycle. Further submission is that, in fact, petitioner had no knowledge about carrying of alleged liquor by Anish Kumar @ Jangali on his motorcycle. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 four 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 A.D.J-II-cum-Special Judge Excise, Siwan in connection with Guthani P.S. Case No. 37 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T