Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49899 of 2022 Arising Out of PS. Case No.-154 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Manoj Kumar Singh Son of Amika Singh @ Ambika Sngh Resident of Village - Sinha Ghat, P.s.- Sinha, Distt.- Bhojpur, (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Durgawati P.S. Case no. 154 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 72.645 liters illicit India made foreign liquor from a City IVTEC car bearing Registration No. UP16Z-4545.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. The sized car registered to the petitioner

Patna High Court CR. MISC. No.49899 of 2022(2) dt.14-11-2022 2/3 but he gave the vehicle to the hand of the driver. Petitioner has no concern with the alleged recovery of illicit liquor. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Durgawati P.S. Case no. 154 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-II, cum Special Judge (Excise), Kaimur at Bhabua subject to the conditions as laid down under section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.49899 of 2022(2) dt.14-11-2022 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) amandeep/- U T