Manoj Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3248 of 2024 Arising Out of PS. Case No.-110 Year-23 Thana- JIRADEI District- Siwan ====================================================== Manoj Bhagat Son of Late Indrashan Bhagat Resident of village- Karhanu, P.S.- Zeeradei, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Sahni, Advocate For the Opposite Party/s :
Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 6.600 liters of liquor from the land on the south side of the house of Nagina Chauhan.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of villagers, but then the name of the villagers who disclosed the name of the
Patna High Court CR. MISC. No.3248 of 2024(2) dt.21-02-2024 2/2 petitioner is not disclosed in the FIR which cast an aspersion on the case of the prosecution.
5. The learned APP for the State opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Jeeradei P.S. Case No.110 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T