Munmun @ Munmun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24098 of 2018 Arising Out of PS.Case No. -249 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Munmun @ Munmun Kumar Singh Son of Jaynath Singh Resident of Village- Kotwa, P.S. Kotwa, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. Mr. Abhishek Kumar @ Sonu, Adv.
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
265.68 liters of foreign liquor is said to have been recovered from the sugarcane field of Manish Kumar Singh as per the disclosure made by the villagers while petitioner along with other accused persons are said to have escaped from the place of occurrence.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.24098 of 2018 (02) dt.30-04-2018 2/ 2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. The identity and genuineness of the source of information has not been mentioned in the F.I.R. He has no criminal antecedent and has been languishing in custody since 18.03.2018. Similarly situated co-accused, namely, Mithilesh Singh has been enlarged on anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.23761 of 2018 vide order dated 25.04.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4thAdditional Sessions Judge-cum-Special Judge Excise Act, East Champaran at Motihari in connection with Kotwa P.S. Case No.249 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U