Patna High CourtCR. MISC./26328/2023bail granted

Manzar @ Md. Manzar Alam @ Md. Manjar @ Manjar v. The State Of Bihar

2023-05-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26328 of 2023 Arising Out of PS. Case No.-459 Year-2021 Thana- ARARIA District- Araria ====================================================== MANZAR @ MD. MANZAR ALAM @ MD. MANJAR @ MANJAR SON OF RAUF R/O VILL.- MAINAPUR, P.S.- BAIRGACHHI, DISTT.- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Manish was arrested with 375 ML of liquor who disclosed the name of the petitioner who had given him the liquor.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted

Patna High Court CR. MISC. No.26328 of 2023(2) dt.16-05-2023 2/2 that his name came in the confessional statement of arrested accused Manish in police custody which does not have any evidentiary value, when admittedly the petitioner is a person with clean antecedent.

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. 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 Araria (Bairgachhi) P.S. Case No. 459 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T