Jay Mangal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5842 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Jay Mangal Kumar, S/O Late Bigu Sah R/O Village- Madhubani, P.SSahiyara, Distt.- Sitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 354 litres of liquor from an auto.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that petitioner is neither the owner, nor the driver of the auto and he came to be implicated at the instance Chaukidar and covillagers. It is next submitted that the name of co-villager is not

Patna High Court CR. MISC. No.5842 of 2024(2) dt.16-02-2024 2/2 disclosed in the F.I.R., who disclosed the name of the petitioner, which cast an aspersion on the case case of the prosecution. It is also submitted that it appears that the Chaukidar, with a view to save the real culprit, falsely implicated the petitioner, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Sitamarh/ concerned Court in connection with Sahiyara P. S. Case No.203 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T