Monu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79337 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- ITARHI District- Buxar ====================================================== MONU KUMAR SINGH Son of Radhe Shyam Singh Resident of VillageItarhi, Police Station-Itarhi, District- Buxar ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Pandey For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under section 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per allegation in the F.I.R., the accused persons are stated to have thrown the bag containing 13.70 litres of foreign liquor which was recovered subsequently and having escaped. It is submitted by learned counsel for the petitioner that the allegations are false and concocted. Neither the recovered incriminating article nor the land belongs to the petitioner, who was not caught at the place of occurrence. It is

Patna High Court CR. MISC. No.79337 of 2019(2) dt.19-02-2020 2/2 finally submitted that the petitioner has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Itarahi P.S. Case No.69 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-cum-2nd Additional Sessions Judge, Buxar, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J.) amit/- U T