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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37474 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- Baniyapur District- Saran ====================================================== Mantosh Kumar Singh @ Mantosh Kumar, Son of Dhruv Singh, resident of Village- Usti, P.S.- Baniyapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Dewendra Narayan Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Baniyapur P.S. Case No. 121 of 2018 registered for offence under Sections 30(a) & 38 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail. At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that petitioner has falsely been made accused in the present case, as if, his father himself disclosed that petitioner was involved in sale and purchase of liquor. He submits that house of father of the petitioner was raided, from where, huge quantity of foreign liquor was recovered and his father was also apprehended. Subsequently, it appears that the

Patna High Court Cr.Misc. No.37474 of 2018(2) dt.03-07-2018 2/2 officer incharge, who is informant in the present case, has put his words into the mouth of his father and implicated the petitioner, as one of the accused, who fled away. Be that as it may, considering the fact that petitioner is having clean antecedent as well as the fact that main accused, whose house was searched, has already been arrested, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Mantosh Kumar Singh @ Mantosh Kumar 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 learned 6th Additional Sessions Judge, Saran at Chapra in connection with Baniyapur P.S. Case No. 121 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T