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Patna High CourtCR. MISC./75021/2024rejected

Manish Singh @ Manish Kumar Singh v. The State Of Bihar

2024-11-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75021 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== Manish Singh @ Manish Kumar Singh Son of Gangdayal Singh Resident of Village - Pyarepur, P.S. - Barauli, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Barauli P.S. Case no.207 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a secret information having been received to the effect that the petitioner was unloading liquor in the orchard of one Jyoti Sah, it is stated that a raid was conducted. While the petitioner managed to escape, 51.84 litres of IMFL was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedent. He has neither any concern with the seized liquor nor with the place of its seizure nor is he connected with

Patna High Court CR. MISC. No.75021 of 2024(2) dt.13-11-2024 2/2 the owner of the orchard namely Jyoti Sah. He undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has an antecedent under the Bihar Prohibition and Excise Act, 2016.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the petitioner not having been arrested at the spot nor having any concern with the co-accused Jyoti Sah from whose orchard the liquor is said to have been recovered, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barauli P.S. Case no.207 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XIII-cum-Special Excise Court-I, Gopalganj.

(Partha Sarthy, J) Saurabh/- U T