Vijay Kumar Sinha @ Manoj Kumar Sinha @ Chikna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49449 of 2023 Arising Out of PS. Case No.-277 Year-2016 Thana- HISUWA District- Nawada ====================================================== VIJAY KUMAR SINHA @ MANOJ KUMAR SINHA @ CHIKNA S/O Kaleshwar Prasad R/O Village- Vidyapuri, P.S- Jhumari Tilaiya, Distt.- Kodarama (Jharkhand). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ADVOCATE GENERAL BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2023
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Hisua PS Case No. 277 of 2016 dated 31.12.2016 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the First Information Report the Police intercepted a truck carrying 6864 bottles of foreign liquor and arrested the driver sitting therein. The driver disclosed the name of one Manoj Yadav under whose instruction the illicit liquor was being transported.
4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report. On the
Patna High Court CR. MISC. No.49449 of 2023(2) dt.16-08-2023 2/3 disclosure of the name of Manoj Yadav, a raid was conducted in the house of Manoj Yadav who told the Police that Sanjay Yadav is the trader of illicit liquor and supplies liquor in Bihar and members of his group are petitioner along with nine (09) other persons whose name have been disclosed. Learned counsel further submits that the petitioner is neither the owner nor the driver of the truck in question and he has no concern with the illicit liquor which has been recovered from the said truck. The name of the petitioner has come in the statement of the co-accused allegedly made before the raiding party.
5. Regard being had to the submissions made by the parties, taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and / or the vehicle belonging to him and he is not named in the F.I.R. , as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 1st, Nawada / court concerned
Patna High Court CR. MISC. No.49449 of 2023(2) dt.16-08-2023 3/3 in connection with Hisua PS Case No. 277 of 2016 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T