Bharat Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18933 of 2020 Arising Out of PS. Case No.-332 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Bharat Mandal Son of Jogo Mandal Resident of Village - Bahadur Nagar, P.S.- Munger Muffasil, Distt - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sahebpur Kamal P.S. Case No.332 of 2019, registered under sections 414, 120B and 34 of the Indian Penal Code and sections 30(a), 32, 27 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., it is stated by the informant, a Sub-Inspector of Police that in the checking being conducted on road, a number of vehicles, description of which have been given in the F.I.R. along with different occupants were found carrying various quantity of illicit liquor.

Patna High Court CR. MISC. No.18933 of 2020(4) dt.22-12-2020 2/3 It is submitted by learned counsel for the petitioner that so far as the petitioner is concerned, he was not arrested at the spot nor was he an occupant of any of the vehicles. It is submitted that in the F.I.R. his name transpired as being one of the owners of a pick up vehicle which was found carrying illicit liquor. It is submitted that it has categorically been stated in paragraph nos. 9 and 10 of the petition that neither there is any allegation of the petitioner fleeing away nor does the pick up vehicle belong to the petitioner. Learned counsel for the petitioner further submits that in course of investigation, in the supplementary/'purak' case diary it has transpired that registered owner of the pick up vehicle is one Ram Pukar Singh. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Sahebpur Kamal P.S. Case No.332 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000/

Patna High Court CR. MISC. No.18933 of 2020(4) dt.22-12-2020 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T