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Patna High CourtCR. MISC./58415/2023allowed

Manoranjan Singh v. The State Of Bihar

2023-09-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 58415 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Manoranjan Singh S/O Pitamber Singh Resident Of Village- Patti Jasauli, Po And Ps Kotwa, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Pravin Kumar, Advocate For the Opposite Party/s :

Mr Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2 The petitioner apprehends his arrest in connection with Kotwa PS Case No 97 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.

3 As per the prosecution case, there is recovery of 29.250 liters of English liquor from the mustard field at the back side of the house of the petitioner.

4 Learned counsel for the petitioner submits that due to two criminal antecedents of the petitioner, the petitioner has been falsely implicated in this case. There is no recovery from his conscious possession. He has been falsely implicated in this case on the identification of the son of the local Chaukidar due

Patna High Court CR. MISC. No.58415 of 2023(2) dt.20-09-2023 2/2 to village politics.

5 Learned APP opposes the prayer for anticipatory bail.

6 Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No I, East Champaran at Motihari in connection with Kotwa PS Case No 97 of 2023 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) M.E.H./- U T