MANJAY KUMAR @ MANJAY RAY v. THE STATE OF BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mrs. Namrata Mishra, Advocate Mr.Ashok Kumar Singh, APP ORAL ORDER 2 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 272, 273, 413, 414 of the Indian Penal Code and 30(a) and 41(1) of the Bihar Prohibition and Excise Act,

2016. The prosecution case, in short, is that 872.91 liters wine is recovered. 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. Except for this, there is no other Patna High Court CR. MISC. No.16329 of 2022(2) dt.08-04-2022 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 872.91 liters wine is recovered out of which 492.39 liters wine is recovered from a truck, car and motorcycle in question and 380.52 liters wine is recovered from the house of co-accused. None of the vehicles in question belongs to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. 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 twelve 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 Additional Sessions Judge -II-cum- Excise Court, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 354 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- U T (Sudhir Singh, J)