Mintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49142 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== Mintu Singh, Male, aged about 35 years, Son of Lakshmi Singh Resident of Village-Katma, P.S.-Manigachhi, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddhartha Prasad For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Manigachhi P.S. Case No. 82 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 272, 273/34 of the Indian Penal Code.

As per prosecution case, the police has recovered 16.560 liters liquor from the Bhusha Ghar of the petitioner. Learned counsel for the petitioner submits that the petitioner has no knowledge about the recovered liquor as also he has no concern with the said Bhusha Ghar. He further submits that the petitioner has got no criminal antecedent. Looking to the quantity of liquor recovered as also the petitioner having no criminal antecedent, let the petitioner,

Patna High Court CR. MISC. No.49142 of 2019(2) dt.06-08-2019 2/2 above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge II cum Special Judge (Excise Act), Darbhanga in connection with Manigachhi P.S. Case No. 82 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 5.8.2019, then he would not be released.

(Shivaji Pandey, J) rishi/- U T