Manoj Sah @ Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8727 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- SIDHWARA District- Darbhanga ====================================================== Manoj Sah @ Manoj Kumar Sah, son of Late Lakhan Sah, resident of VillageManikauli, Police Station- Singhwara, District- Darbhanga. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasudeo Ram, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Vasudeo Ram, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in G.O.(Excise) Case No.1566 of 2017, arising out of Singhwara P.S. Case No.172 of 2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender. Learned counsel for the petitioner submits that save and except the fact that petitioner's name has come in the confessional statement of co-accused, there is no other material to connect the petitioner. He further submits that even the person, on whose confession the petitioner was made accused,

Patna High Court Cr.Misc. No.8727 of 2018(4) dt.26-06-2018 2/2 and from whose possession one bottle of 750 ml. of Indian Make Foreign liquor was recovered, has already been granted bail.

Considering the nature of accusation, clean antecedent of the petitioner as well as the fact that the petitioner's name has come in the confessional statement of co-accused, there is no reason to deny the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Manoj Sah@ Manoj Kumar Sah be enlarged 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 IVth Addl. Sessions Judge-cum- Special Judge(Excise), Darbhanga in connection with G.O.( Excise) Case No.1566 of 2017, arising out of Singhwara P.S. Case No.172 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T