Manu Rajbhar@Manu Kumar@Abhimanyu Rajbhar@Abhimanyu Kumar@Abhimanyu Kumar Rajbhar@Manu Maharajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75588 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Manu Rajbhar@Manu Kumar@Abhimanyu Rajbhar@Abhimanyu Kumar@Abhimanyu Kumar Rajbhar@Manu Maharajbhar S/o- Shailendra Rajbhar Resident of village- Domdih PS- Mairwa Distt-Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Anupam, Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in Siwan Excise P.S. case No. 45 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution allegation, in short, is that 495 liters liquor was recovered from Bolero vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got two criminal antecedents in which he is on bail. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Patel Vikesh Kumar Dayanand. No incriminating material has been
Patna High Court CR. MISC. No.75588 of 2024(2) dt.25-10-2024 2/2 recovered from the conscious possession of the petitioner. The vehicle in question does not belong to the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. There is no compliance of Section 100 of Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Siwan Excise P.S. case No. 45 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T