Manan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74096 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- ISUAPUR District- Saran ====================================================== Manan Singh, aged about 30 years, Gender-Male, S/O Anil Singh, R/O Village- Gangoi, P.S.- Isuapur, Dist.- Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Alok Kumar Alok, Advocate For the Opposite Party :
Mr. Rajesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Isuapur P.S. Case No. 211 of 2023 dated 03.08.2023 registered for the offence punishable under Sections 272, 273 of the I.P.C. and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
4. As per the prosecution case, total 450 litres of country made spirit liquor was recovered from the trailor of the tractor.
Patna High Court CR. MISC. No.74096 of 2023(2) dt.30-11-2023 2/3
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. It is submitted that the name of the petitioner has sprung up in the present case on the basis of disclosure made by the local choukidar. The trailor of the tractor do not belong to the petitioner. It is further submitted that the other co-accused has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 70678 of 2023 under order dated 22.11.2023. The petitioner has five criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra/Competent Jurisdiction in connection with Isuapur P.S. Case No. 211/2023, subject to the condition as laid
Patna High Court CR. MISC. No.74096 of 2023(2) dt.30-11-2023 3/3 down under Section 438(2) of the Code of Criminal Procedure. (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T