Manoj Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43616 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- KADWA District- Katihar ====================================================== MANOJ PODDAR S/o- Lala Poddar R/o- Sonaili Gandhinagar, P.S.- Kadwa, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kadwa P.S. Case No.70 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that in course of patrolling duty, the informant along with other police personnel received secret information about carrying the liquor in a plastic bag by Manoj Poddar (petitioner) towards village-Gandhi Nagar. Thereafter, the informant along with police personnel reached at Shiv Temple, Gandhi Nagar, then saw that one person was coming on keeping the bag at his shoulder. On seeing the police party, that person started to flee away after throwing the bag. While he

Patna High Court CR. MISC. No.43616 of 2019(2) dt.16-07-2019 2/2 was chased but succeeded to flee away. The local Chowkidar disclosed the name of the petitioner, who succeeded to flee away. On search of the bag, 15 liters Indian Made Foreign Liquor, kept in several bottles, was recovered. Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by local Chowkidar. The petitioner has no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Katihar, in connection with Kadwa P.S. Case No.70 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T