Raslal Mandal @ Rajlal Mandal @ Rajlal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21922 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Raslal Mandal @ Rajlal Mandal @ Rajlal Kumar S/O- Ramdev Mandal R/OVillage- Belha, P.S.- Phulparas, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 45 liters of illicit liquor from a place near the house of Uttim Lal Mandal.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner. It is next submitted that

Patna High Court CR. MISC. No.21922 of 2024(2) dt.29-03-2024 2/2 petitioner has no connection or relation with co-accused Uttim Lal Mandal and he came to be implicated based on confessional statement of co-accused Uttim Lal Mandal in police custody which does not have any evidentiary value in the eye of law, when petitioner admittedly is a person with clean antecedent. 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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Phulparas P.S. Case No. 12 of 2023, G.R. No.13 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) mdrashid/- U T