Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79130 of 2024 Arising Out of PS. Case No.-281 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Mohan Singh Son of Fekan Singh @ Phekan Singh Resident of villageMahindrawara Tola (Rupaasipur) Police Station- Abdul Chowk O.P. Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

This application, for grant of anticipatory bail, arises out of Mahnar PS case no. 281 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3.

The prosecution case, as per the First Information Report, is that 157.03 litres of foreign liquor has been recovered from Bathan (cattle shed) of the co-accused Anil Singh. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Neither any incriminating article has been recovered from the conscious possession of the petitioner nor from his house rather

Patna High Court CR. MISC. No.79130 of 2024(2) dt.09-12-2024 2/3 the said liquor has been recovered from Bathan of co-accused Anil Singh, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 11.11.2024, passed in Cr. Misc. No. 75472 of 2024 on the ground that he agreed to deposit Rs. 10,000/- in account of Mahavir Cancer Sansthan, Patna.

5.

Petitioner is also ready to deposit a sum of Rs. 10,000 (Rupees Ten Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

6.

Having regard to the facts and circumstances of the case and the fact that co-accused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 75472 of 2024, 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.25,000/- (Rupees Twenty 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 Mahnar P.S. Case No. 281 of 2024, subject to the condition as laid down under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.79130 of 2024(2) dt.09-12-2024 3/3 Procedure, subject to the further condition 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.

7.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- in the account of Mahavir Cancer Sansthan, Patna. (Anil Kumar Sinha, J) rinkee/- U T