Patna High CourtCR. MISC./14117/2024disposed

Santosh Mandal @ Santosh Kr. Mandal v. The State Of Bihar

2024-03-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14117 of 2024 Arising Out of PS. Case No.-30 Year-2017 Thana- BARAUNI District- Begusarai ====================================================== Santosh Mandal @ Santosh Kr. Mandal Son of Dhanraj Mandal Permanent R/o House No. 43931, Mohalla- Central Coloney, P.S.- Dhori, DistrictBokaro, State- Jharkhand, At Present R/o Vill.- Purandhaha, P.S. and DistrictDeoghar, State - Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 1954.08 liters of liquor from a Truck.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is not the owner of the Truck and he came to be implicated based on confessional statement of

Patna High Court CR. MISC. No.14117 of 2024(2) dt.07-03-2024 2/2 Sanjeev in police custody, which has got no evidentiary value in the eyes of law.

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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barauni P.S. Case No. 30 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T