Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76396 of 2024 Arising Out of PS. Case No.-748 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Manish Kumar Son of Ram Chandra Ram Sonkar @ Ram Chandra Sonkar Resident of Mohalla- Bauliya Road, Behind Nishant Cinema, Ward no. 8, P.S.- Sasaram, (T) District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sasaram (T) PS case no. 748 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that on secret information that the petitioner was selling foreign liquor, police party reached at the place of occurrence and recovered 63.50 liters of illicit foreign liquor kept in plastic crates. 4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. He further submits that illicit liquor has not been recovered from conscious possession of the petitioner rather it has

Patna High Court CR. MISC. No.76396 of 2024(2) dt.14-11-2024 2/2 been recovered from near the road.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that seizure list prepared by the police does not show that recovery has been made from the house of the petitioner rather the same is from near the road which is accessible to all and sundry, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. 2-cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (T) PS case no. 748 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T