Manoj Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79110 of 2019 Arising Out of PS. Case No.-518 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== MANOJ PRASAD S/o Vishwanath Bhagat R/o village- Alineura, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-10-2021 Heard Mr. Arun Kumar, learned Advocate for the petitioner and Ms. Asha Devi, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Minapur P.S. Case No. 518 of 2019 dated 25.09.2019 instituted for the offences under Sections 272, 273, 420 and 120(B) of the Indian Penal Code and Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.
The accusation against the petitioner is of having run away at the time of raid conducted by the police.
Learned counsel for the petitioner has submitted that beyond the aforesaid accusation, there is nothing on record to connect the petitioner with the
Patna High Court CR. MISC. No.79110 of 2019(6) dt.05-10-2021 2/2 offence.
The petitioner does not have criminal antecedents.
He has further submitted that no process under Sections 82 and 83 Cr.P.C. has ever been initiated against him. Thus he had argued that the offence under the Excise Act cannot at all be said to have been made out against him.
Considering the afore-noted submissions, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Minapur P.S. Case No. 518 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T