Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56570 of 2017 Arising Out of PS.Case No. -394 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ====================================================== Munna Singh S/o Shiv Narayan Singh, R/o Village- Kusaudh, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mirganj P.S. Case No. 394 of 2016 instituted for the offence under Sections 272, 273 of the Indian Penal Code read with Section 30(a) Bihar Prohibition and Excise Act.

In the written report, it is alleged that police during vehicle checking recovered liquor from three motorcycles. It is further alleged that petitioner is the owner of one of the motorcycles bearing registration no. BR-28N-6101. In this manner, the written report itself shows that nothing was recovered from the conscious possession of the petitioner. It is mentioned in para 3 to this petition that petitioner has clean antecedent.

Patna High Court Cr.Misc. No.56570 of 2017 (2) dt.30-11-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mirganj P.S. Case No. 394 of 2016 to the satisfaction of learned Additional Sessions Judge, II, Gopalganj subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U