Manish Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61672 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Manish Kumar @ Golu Kumar S/O Rakesh Kumar Singh @ Lalu Singh R/VMukundpur, Singhara, Post- Singhara, P.S.- Mahua, District- Vaishali At Hajipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahua P.S. Case no. 138 of 2022 instituted for the offence under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 404.60 liters illicit liquor of different brands from a truck bearing Registration No. WB35-1034.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery of illicit liquor. It is further submitted that petitioner is neither the owner nor the driver of the vehicle in question. The name of the

Patna High Court CR. MISC. No.61672 of 2022(2) dt.09-12-2022 2/2 petitioner is transpired in this case on statement made by local Chaukidar. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious or constructive possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahua P.S. Case no. 138 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.IIcum-Additional District and Sessions Judge, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T