Manohar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45543 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Manohar Singh, aged about 28 years, Male.

2.

Dinesh Singh @ Dinesh Kumar, aged about 25 years, Male. Both are sons of Parmatma Singh, resident of Village - Dimgyara, P.S.-Grahni, District-Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is permitted to make necessary correction in the bail petition. In this case, the petitioners are seeking anticipatory bail in connection with Udwantanagar P.S. Case No.206 of 2019, registered for the offence under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

Allegation has been made that the petitioners were coming on a motor-cycle and when they saw the Police vehicle they threw a Pithu Bag and fled away from there. On search, 20 liters of Mahua liquor has been recovered from the said Bag. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.45543 of 2019(2) dt.23-07-2019 2/2 Looking to the quantity of liquor recovered from the said bag as well as the fact that the petitioners have no criminal antecedent, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, 4th -cumSpecial Excise Judge, Bhojpur at Ara, in connection with Udwantanagar P.S. Case no. 206 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioners. If they are having clean antecedent, then their bail bonds would be accepted. If they are found to be involved in any other case before filing of this application i.e. 22.07.2019 then their bail bond would not be accepted.

(Shivaji Pandey, J) pawan/- U T