Allowed

Md. Manowar v. The State of Bihar

Patna HC14 Oct 2022CR. MISC./14115/2022

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to the petitioner, who owns a motorcycle from which liquor was allegedly recovered but was not driving it at the time. The court directs his release upon arrest or surrender within six weeks, provided he furnishes a bail bond and undertakes to remove defects. The petitioner deposits Rs.10,000 towards this bond.

What did the court decide?

Petitioner released on bail/anticipatory bail; to furnish bond of Rs.25,000 with two sureties (one relative) and deposit Rs.10,000.

Md. Manowar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14115 of 2022

¶2

Arising Out of PS. Case No.-340 Year-2020 Thana- BAISI District- Purnia

¶3

======================================================

¶4

MD. MANOWAR Son of S.K. Azimuddin Resident of Baluwa Toli, Raili, P.S. Amour, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶11

2 14-10-2022

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State through virtual Court proceedings.

¶14

Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

¶15

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a)/41/47 of the Bihar Prohibition and Excise Act, 2016.

¶16

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 54 liters of foreign liquor is said to have been recovered from a motorcycle. He has no concern either with the seized liquor or

¶17

Patna High Court CR. MISC. No.14115 of 2022(2) dt.14-10-2022 2/3

¶18

the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case as he is the owner of the seized motorcycle but he was not driving the motorcycle at the time of alleged occurrence. As a matter of fact, the nephew of the petitioner, namely, Md. Taufaq had taken the motorcycle for some official work at Baisi and furtehr assured to return till the evening on such request and assurance the petitioner handed over the motrocycle to his nephew. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

¶19

Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Member Secretary, Bihar State Legal Services Authority, bearing Account No.0380000100252472, IFS Code: PUNB0038000, Punjab National Bank.

¶20

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned

¶21

Patna High Court CR. MISC. No.14115 of 2022(2) dt.14-10-2022 3/3

¶22

Court below where the case is pending/successor Court in connection with Baisi P.S. Case No. 340 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

¶23

(1) One of the bailors will be his own blood relative,

¶24

preferably, father, mother, brother, sister and/or his wife.

¶25

(2) The petitioner shall not indulge himself in any

¶26

similar offence till conclusion of the trial.

¶27

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the aforesaid account.

¶28

(Anjani Kumar Sharan, J)

¶29

Trivedi/-

¶30

U T

Md. Manowar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Manowar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Sah @ Manoj Kumar Sah Vs the State of Bihar

Poonam Kumari Vs The State of Bihar

Raju Kumar Singh @ Raj Kumar Singh Vs The State of Bihar

Satyendra Rai Vs The State of Bihar

Vishal Kumar @ Ansh Kumar Vs The State of Bihar

Kundan Sahni Vs The State of Bihar