MANOJ SINGHversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54737 of 2021
                   Arising Out of PS. Case No.-221 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Siwan
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                 MANOJ SINGH Son of Late Ramayan Singh @ Ramayan Prasad Resident of
                 Village- Rasulpur, P.S.- Barharia, District- Siwan.
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :     Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   28-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has submitted the hard copy with requisite Court-fee

                   yesterday. It is further submitted that rest of the defects, as

                   pointed out by the office, be ignored.

                                4. Since the hard copy along with requisite fee as

                   submitted, the rest of the defects are hereby ignorned.

                                5. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2769.120 litres of liquor from the shop of the
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          petitioner.

                        6. Learned counsel for the petitioner submits that

          petitioner was not arrested from the spot, as such, nothing was

          recovered from his conscious possession and though in the FIR,

          it is alleged that the liquor was recovered from the shop of the

          petitioner but then the same was recovered from a place

          adjacent to the shop of the petitioner but then at the instance of

          the Chawkidar with whom petitioner is on an inimical term

          came to be implicated showing the place of recovery as shop of

          the petitioner. It is further submitted that no prudent person

          would use his own shop for committing an occurrence and, thus,

          would create evidence against himself and, hence, would get

          implicated and at the same time, shall bring disrepute to his

          business.

                        7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                        8. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees

          Five Hundred) with two sureties of the like amount each to the
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                     satisfaction of the learned Trial Court where the case is

                     pending/Successor Court in connection with Excise Case No. C

                     - III - 221 of 2021, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  9. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T