Mantu Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38382 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -GARDANIBAGH District- PATNA ======================================================

1. Mantu Roy, son of Ram Baran Rai, resident of village - Brahmadpur Bichali Devi Asthan, P.S. Phulwarisharif, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gardanibagh P.S. Case No.204 of 2016 instituted for the offence under Section(s) 47(a) (b), 53(b), 63(b) of the Bihar Prohibition & Excise Act, 2016.

There is allegation that 1⁄2 bottle of Royal Stag 750ML was recovered from the tractor and three persons fled away.

Counsel for the petitioner has submitted that name of this petitioner has come during investigation on the basis of confessional statement of co-accused.

From the written report itself, it is apparent that there is no recovery from the possession of this petitioner.

Patna High Court Cr.Misc. No.38382 of 2017 (8) dt.13-11-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gardanibagh P.S. Case No.204 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge XIV-cum-ACJM, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.