Manas Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55409 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- SUPAUL District- Supaul ====================================================== MANAS PANDEY son of Late Ratneshwar Pandey Village- Parsouni Ward no-14, PS Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2023 Heard the parties.

2. Petitioner apprehends his arrest in connection with ST Excise-506/23 arising out of Supaul PS Case No. 357/2023 dated 14.05.2023 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

3. The police recovered 12.375 litres of illicit liquor 25 meters away from the house of one Umesh Singh kept in the bushes.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of statement made by the co-accused persons. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner nor from the premises belonging to him inasmuch as from perusal of the

Patna High Court CR. MISC. No.55409 of 2023(2) dt.25-08-2023 2/2 FIR, it would be evident that said illicit liquor has been recovered from a place situated 25 metres away form the house of one Umesh Singh kept in the bushes.

5. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and his name has been disclosed by the co-accused, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, MANAS PANDEY be released on anticipatory bail in the event of arrest or surrender within six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned In-charge Exclusive Special Judge, Excise Court-I, Supaul in connection with ST Excise-506/23 arising out of Supaul PS Case No. 357/2023, subject to the condition as laid down under Section 438(2) of the CrPC.

(Anil Kumar Sinha, J) perwez U T