Patna High CourtCR. MISC./13172/2024bail granted

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

2024-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13172 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Mahesh Mandal @ Mahesh Kumar Mandal SON OF LATE SHATRUGHNA MANDAL RESIDENT OF VILLAGE- WARD NO. 05, HASANPUR, PSHASANPUR, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 1274.400 litres of liquor from a truck.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the truck and petitioner came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is further

Patna High Court CR. MISC. No.13172 of 2024(2) dt.06-03-2024 2/2 submitted that it appears that the Chawkidar in order to save the real culprits falsely implicated the petitioner, when petitioner admittedly is a person with clean antecedent.

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

7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hasanpur P.S. Case No. 214 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T