Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6858 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Naresh Mandal @ Naresh Kumar Mandal S/O Laxmi Mandal R/o VillageChichari, P.S.- Rajnagar, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Ravi Prakesh Mr. Rajesh Kumar For the Opposite Party/s :

Mrs Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Rajnagar P.S. Case No. 383 of 2022 registered for the offences punishable under Sections 272,273/34 of the Indian Penal Code and section 30(a) of Bihar Prohibition & Excise Amendment Act.

As per the prosecution case, 3770.94 liters illicit liquor was recovered from different vehicles. Learned counsel for the petitioners submits that petitioner has falsely been implicated in this case. No incriminating material has been recovered from conscious possession of the petitioner and petitioner has no concern with

Patna High Court CR. MISC. No.6858 of 2023(2) dt.17-04-2023 2/2 the seized liquor. Petitioner was only driver of the alleged vehicle and on the basis of confessional statement of coaccused, his name has been transpired in this case. Petitioner has clean antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Special Excise -cum- Additional Session Judge-II Madhubani in Rajnagar P.S. Case No. 383 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T