Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43895 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

MANOJ KUMAR @ MANOJ KUMAR SINGH 2.

Saroj Kumar @ Saroj Kumar Singh Both are sons of Mahendra Singh 3.

Krishna Singh S/o Shivjee Singh 4.

Dayanand Singh S/o Late Bhagirathi Singh 5.

Nand Kishor Singh S/o Late Dasai Singh All are R/o village- Bhagwatipur, P.S.- Udawant Nagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2019 Heard both sides.

The petitioners apprehend their arrest in Udwant Nagar P.S. Case No.182 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant recovered liquor made of Mahua by the side of Canal but implicated the petitioners on the allegation that they were preparing country made liquor. Petitioner Nos.1, 3, 4 and 5 have got no criminal antecedent.

Taking into consideration the facts aforesaid, let the petitioner No.1 namely, Manoj Kumar, petitioner No.3 namely, Krishna Singh, petitioner No.4 namely, Dayanand Singh and

Patna High Court CR. MISC. No.43895 of 2019(2) dt.17-07-2019 2/2 petitioner No.5, Nand Kishor Singh in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Addl. Sessions Judge-cum-Spl. Excise Act, Bhojpur in connection with Udwant Nagar P.S. Case No.182 of 2019, Excise Case No.960 of 2019, Distt. Bhojpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the case of petitioner No.2, Saroj Kumar @ Saroj Kumar Singh is concerned, he has got criminal antecedent and he is accused in Udwantnagar P.S. Case No.52 of 2019. Considering the facts that petitioner No.2 has got criminal antecedent, I am not inclined to enlarge the petitioner No.2 on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T