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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75097 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== Munna Kumar @ Munna Kumar Singh Son of Lakshan Singh Resident of village - Koyali, Police Station - Nanpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a), 32, 41(1) of Bihar Prohibition and Excise Act.

3. Altogether 7.2 liters of illicit liquor is said to have been recovered from the motorcycle.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.75097 of 2024(2) dt.30-10-2024 2/3 physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on suspicion. Petitioner has no criminal antecedent.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Benipatti P.S. Case No. 195 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will

Patna High Court CR. MISC. No.75097 of 2024(2) dt.30-10-2024 3/3 be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

(Anjani Kumar Sharan, J) Guddu/- U T