Mani Singh @ Mani Bhushan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23180 of 2018 Arising Out of PS. Case No.-376 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Mani Singh @ Mani Bhushan Sharma S/o Ram Kishore Singh @ Indra Bhushan Sharma, R/o Vill.- Chiraura, P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 37(C) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that some persons in drunken state were caught by the Police whereas one person fled away. There is no recovery of liquor.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused namely Akbar Ali. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no

Patna High Court Cr.Misc. No.23180 of 2018(3) dt.26-04-2018 2/2 recovery of liquor. It is a case of drunken state where three accused persons were apprehended. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 8162 of 2017 (arising out of Naubatpur P.S. Case No. 376/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T