Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14304 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== PRAKASH MANDAL Son of Shambhu Mandal R/o Tintega, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30a and 32(ii) of the Bihar Prohibition and Excise Act.

Prosecution case is that 399.96 liters foreign liquor was recovered from the two vehicles.

Learned counsel appearing for the petitioner submits that petitioner is neither owner nor driver of the vehicle in question. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six

Patna High Court CR. MISC. No.14304 of 2023(2) dt.29-04-2023 2/2 weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IX, Bhagalpur in Industrial Area Police Station Case No. 245 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T