Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50975 of 2019 Arising Out of PS. Case No.-258 Year-2019 Thana- AMARPUR District- Banka ====================================================== MANOJ KUMAR Son of Dhiro Sah, Resident of Village - Fullidumar, P.S.- Fullidumar, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Amarpur (Fullidumar) P.S. Case No. 258 of 2019 registered for offence punishable under section 30(a) of the Bihar Prohibition Excise Act, 2016.

It has been alleged that three litres of mahua liquor has been recovered from a motor cycle and later on, it appeared that the petitioner is owner of the said motor cycle. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only on suspicion and due to village politics as nothing has been recovered from his possession. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.50975 of 2019(2) dt.17-08-2019 2/2 Looking to the quantity of liquor and the petitioner merely being an owner of said motor cycle, having no criminal history, his prayer for bail is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Special Judge-II, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 258 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T