Manoj Kumar Tyagi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52041 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Manoj Kumar Tyagi S/o Ramesh Chand Tyagi R/o Mohalla - 3K 66 Rakesh Marg (Nehru Nagar), P.S. - Kotwali Sehani Gate, Distt. - Ghaziabad, U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Ram Krishna Nagar P.S. Case No. 241 of 2024, registered under Sections 30(a), 32(2), 32(3) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 412.26 liters liquor was recovered from truck and pick-up vehicle out of which 325 liters liquor was recovered from the truck of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.52041 of 2024(2) dt.20-07-2024 2/2 no knowledge and concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the name of the petitioner has transpired as being owner of the vehicle in question and he has no knowledge regarding the goods booked by the transporter/goods kept in the vehicle. The petitioner was not present at the place of occurrence. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ram Krishna Nagar P.S. Case No. 241 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T