Praveen Shah @ Manishankar Sah @ Mani Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73817 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Praveen Shah @ Manishankar Sah @ Mani Shankar Kumar, aged about 27 years, Gender-Male, Son of Late Narsingh Prasad Sah @ Narsingh Sah, Resident of Village- Chakai Bazar P.S.- Chakai, District- Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dipak Kumar, Advocate For the Opposite Party :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Chakai P.S. Case No. 82 of 2024 dated 10.05.2024 registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 6.095 litres of foreign liquor was recovered behind the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the alleged recovery was not made from the house of the petitioner rather from the

Patna High Court CR. MISC. No.73817 of 2024(2) dt.23-10-2024 2/2 land behind the house which is easily accessible by everyone. No incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with the alleged offence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-I, Jamui, in connection with Chakai P.S. Case No. 82 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T