Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66903 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Mohan Singh Son of Fekan Singh @ Phekan Singh Resident of village - Mahindrawara Pashiyari Tola (Rupasipur), Police Station - Abdula Chowk O.P. Mahnar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar, Advocate For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Manhar P.S. Case no. 255 of 2024 instituted for the offence under Sections 30 (a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

3. The case of the prosecution is that the police got secret information that the petitioner along with other accused persons are in the business of illicit liquor. On this information, police reached near the poultry/goat farm however, on seeing the police party, some persons started fleeing away. However,

Patna High Court CR. MISC. No.66903 of 2024(2) dt.22-11-2024 2/3 Chowkidar identified him including the other accused persons. Police upon search, recovered 33.075 liters of illicit foreign liquor from the poultry/goat farm. Accordingly, the FIR.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has come on the basis of the confessional statement of Chowkidar. There is no recovery from the conscious possession of the petitioner and the petitioner has no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. 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 Mahnar P.S. Case no. 255 of 2024, 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 Judge Prohibition and Excise Court - II cum Additional District and Sessions Judge,

Patna High Court CR. MISC. No.66903 of 2024(2) dt.22-11-2024 3/3 Hajipur, Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T