Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40513 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Munna Singh, Son of Late Bisheshwar Prasad Resident of VillageNayanchak, Police Station-Khagaul, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 1632 of 2019, arising out of Khagaul P.S. Case No. 38 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The accusation is that on receiving secret information about keeping of illicit liquor in the house of Munna Singh (Petitioner) for selling the same. The informant and other Police personnel reached in village Nayanchak and on seeing the Police personnel, near the house of petitioner, two persons started fleeing in which one person was caught hold, who disclosed his name as Sonu Kumar and also disclosed that petitioner succeeded to flee away. On search of

Patna High Court CR. MISC. No.40513 of 2019(2) dt.02-07-2019 2/2 the house, 327 bottles, each containing 128 liters of India made foreign liquor recovered.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged liquor has been recovered from the joint house. Further submission is that nothing has been recovered from the possession of the petitioner. Further submission is that petitioner, being the brother of Sonu Kumar, has falsely been implicated in this case. 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 Special Judge, Excise, Patna in connection with Special Case No. 1632 of 2019, arising out of Khagaul P.S. Case No. 38 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