Manoj Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39073 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Manoj Singh @ Manoj Kumar, son of Kusheshwar Singh, resident of Village-Tungi, P.S.-Deepnagar, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Deep Nagar P.S. Case No.145 of 2017 instituted for the offence under Section(s) Section 30-A, 30-D and 41 of the Bihar Prohibition & Excise Act, 2016.

From the written report itself, it is apparent that utensils and other materials, which are said to be used for manufacturing illicit liquor, have been recovered from the bush/orchard. It is merely alleged that some villagers told the name of this petitioner to the Informant. It is mentioned in para 3 that the petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.39073 of 2017 (8) dt.13-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Deep Nagar P.S. Case No.145 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, VI,-cum-Special Excise Judge, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.