Patna High CourtCR. MISC./21258/2023bail granted

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

2023-05-15Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21258 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== SHIVAM KUMAR MANDAL @ SHIVAM KUMAR Son of Vinod Mandal Resident of Village - Jorawardih, P.S.- Kawakole, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

The informant alleges that Golden and Ranjan were arrested with 20.900 liters of liquor along with three motorcycles.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner came to be implicated based on the

Patna High Court CR. MISC. No.21258 of 2023(2) dt.15-05-2023 2/2 confessional statement of the co-accused in police custody which does not have any evidentiary value. It is next submitted that petitioner is neither the owner nor the driver of any of the alleged seized vehicle.

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

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. 1,000/- (Rupees One Thousand) 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 Kawakole P.S. Case No. 153 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T