Vijay Mandal @ Vijay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5271 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- SAKRI District- Madhubani ====================================================== Vijay Mandal @ Vijay Kumar Mandal S/O SHANKAR MANDAL VILLAGE- BIKRAMPUR NAWADA BALIYA DIHTOL PS. SAKRI, DIST. MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 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 offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 9 litres of liquor from a motorcycle. 4.

It is next submitted that petitioner came to be implicated based on the confessional statement of Sunil Kumar Mandal in police custody which does not have any evidentiary value. It is also submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.5271 of 2024(2) dt.15-02-2024 2/2 possession and is not the owner of the vehicle in question. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sakri P.S. Case No. 201 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T