Munchun Singh @ Ankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47975 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- TARAIYA District- Saran ====================================================== Munchun Singh @ Ankaj Kumar Singh, Son Of Late Chandraketu Singh Resident Of Village - Akuchak, P.S - Taraiya, Distt. - Saran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nalin Kumar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 43.605 litres of liquor from the orchard of petitioner.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated by the villagers, but then, the F.I.R. does not disclose the name of the villager, who disclosed the name of the petitioner. It is next submitted that the orchard is an open place
Patna High Court CR. MISC. No.47975 of 2023(2) dt.27-07-2023 2/2 and is accessible to villagers at large, as such, it appears that someone inimical to the petitioner concealed the liquor in his orchard for falsely implicating him.
5. Learned A.P.P. opposes the bail application.
6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Taraiya P. S. Case No.71 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T