Rajesh Mandal @ Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20993 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Rajesh Mandal @ Rajendra Mandal, S/O Badri Mandal Resident Of VillageMaura Bari, Ward No.- 03, P.S.- Shankarpur, District- Madhepura. 2.

Gauri Mandal, S/O Choti Mandal Resident Of Village- Simariya, Ward No.- 08, P.S.- Tirveniganj, District- Supaul.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav- Advocate For the State :

Mr. Chandra Bhushan Prasad- A.P.P.

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

The learned counsel for the petitioner no.2, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2, Gauri Mandal. Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn as against petitioner no.2, Gauri Mandal.

Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner no.1 seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(B) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of

Patna High Court CR. MISC. No.20993 of 2023(2) dt.15-05-2023 2/2 recovery of 2268.72 litre of liquor from a truck. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that petitioner is neither the driver, nor the owner of the truck and his name came in the F.I.R. based on secret information which is the easiest way to implicate someone, when admittedly petitioner no.1 is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V-cumSpecial Judge (Excise)-1, Madhepura in connection with Singheshwar P. S. Case No.286 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T