Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77815 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- DHANSOI District- Buxar ====================================================== MANOJ KUMAR SINGH Son of Gupteshwar Singh R/o vill - Kanehri, P.S. - Rajpur, Distt. - Buxar ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather out of 135 liters, 20 litres of country made liquor is said to have recovered from the motorcycle. He further submits that one person was apprehended on the spot but he did not disclose the name of the petitioner. He submits that petitioner is the owner of the motorcycle, therefore, he has been made accused in this case, He further submits that there is no recovery made from the
Patna High Court CR. MISC. No.77815 of 2023(2) dt.21-12-2023 2/3 conscious possession of the petitioner. He submits that petitioner has parked his motorcycle on the road but the police has taken away the motorcycle from road. He further submits that petitioner has got two criminal antecedents as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), Central Bank of India, Chitkohra Branch.
5. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhansoi P.S. Case No. 127 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
Patna High Court CR. MISC. No.77815 of 2023(2) dt.21-12-2023 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) ajay/- U T