Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57079 of 2019 Arising Out of PS. Case No.-258 Year-2016 Thana- KOILWAR District- Bhojpur ====================================================== MANISH KUMAR SINGH Son of Ram Bachan Singh Resident of VillageUchitpur, P.S.- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Ms.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Koilwar Police Station Case No. 258 of 2016, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the First Information Report, is that the police traced an abandoned pickup van near Chanda village and recovered 340.56 litres of illicit liquor and the petitioner has been made on the basis of the documents of ownership kept in the said pick-up van. Learned Counsel for the petitioner submits that the petitioner has been dragged in this case merely on the basis of being the owner of the said pick-up van inasmuch as from perusal of the First Information Report itself, it would be

Patna High Court CR. MISC. No.57079 of 2019(3) dt.16-09-2019 2/2 evident that the pick-up van, in question, was standing abandoned near the place of occurrence. He further submits that in fact the vehicle in question was stolen from Sasaram, for which the petitioner had lodged Sasaram Town Police Station Case No. 1324 of 2016 on 01.12.2016.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that the petitioner had lodged First Information Report for theft of his pick-up van, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Manish Kumar Singh, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Koilwar Police Station Case No. 258 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √