Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58178 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== MANOJ KUMAR @ MANOJ KUMAR SINGH Son of Sri Rampeyare Singh Resident of Village - Itwan, P.S. - Gogari, Dist. - Rohtas. At present - At 2645 Vikas Nagar, Mauli Jagran, Chandigrah (Punjab) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitya Nand Neeraj For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of Bihar Prohibition and Excise Act.
Altogether 2880 liters of India made foreign liquor is said to have been recovered from the truck of the petitioner at Belkhara mor and one person was apprehended at the spot. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged
Patna High Court CR. MISC. No.58178 of 2021(3) dt.21-03-2022 2/3 in the FIR. He has been falsely implicated in this case due to local village politics. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The recovery is said to have been made from the truck of the petitioner. Though the petitioner is the owner of the truck but the same was driven by the driver for transportation on fare basis and petitioner had no knowledge of the goods loaded on the truck. Petitioner has no criminal antecedent, as also mentioned in para3 of this application. Petitioner is agreed to deposit a sum of Rs. 10,0000.00/- (Rupees One Lac) in the Juvenile Justice Fund, Bihar bearing Account No.
35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.58178 of 2021(3) dt.21-03-2022 3/3 connection with Arwal P.S. Case No.158 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:
(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,0000/- (Rupees One Lac) in the Juvenile Justice Fund. (Anjani Kumar Sharan, J) pallavi/- U T