Patna High CourtCR. MISC./32183/2018allowed

Manne Singh @ Manay Singh v. The State Of Bihar

2018-05-24Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32183 of 2018 Arising Out of PS.Case No. -46 Year- 2018 Thana -BARHARA District- BHOJPUR ======================================================

1. MANNE SINGH @ MANAY SINGH S/o Late Ram Balam Singh, resident of Sirisiya, Police Station- Barhara in the District of Bhojpur, Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-05-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Barhara PS Case No. 46 of 2018, registered under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The allegation in brief is that the police on secret information that Kariya Sah is engaged in selling foreign liquor apprehended him and recovered 44 bottles of foreign liquor from his possession and he disclosed that this liquor was supplied to him by this petitioner.

Submission is that there is no recovery from the possession of the petitioner, Kariya Sah from whose possession liquor was recovered is co-villager and due to village politics he has falsely implicated the petitioner, the petitioner has no criminal antecedent so Excise Act does not apply in the case of the petitioner. Having considered the said facts and circumstances, the petitioner Manne Singh @ Manay Singh is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks from today on furnishing bail bonds of Rs. 10,000/-

Patna High Court Cr.Misc. No.32183 of 2018 (2) dt.24-05-2018 (Ten thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Bhojpur, Ara in connection with Barhara PS Case No. 46 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Arun Kumar, J) Snkumar/- U T