Amarjit Kumar Mandal @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25711 of 2023 Arising Out of PS. Case No.-494 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== AMARJIT KUMAR MANDAL @ AMARJEET KUMAR Son of Ashok Kumar Singh R/V- Arga, PS- Biraul, dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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 Sections 420, 467, 468, 471 and 414 of the Indian Penal Code and 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 allegation is of recovery of 3554.19 liters of liquor from different vehicles as detailed in the F.I.R.

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 that petitioner is not the owner of any of the seized vehicles. It is further submitted that petitioner came to be implicated by the

Patna High Court CR. MISC. No.25711 of 2023(2) dt.22-05-2023 2/2 villager but then the F.I.R. does not record the name of the villager who disclosed the name of the petitioner which creates doubt with regard to the allegations as alleged in the F.I.R. It is next submitted that it appears that police, in order to save the real culprits, falsely implicated the petitioner by alleging that his name was disclosed by the villager.

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 Biraul P.S. Case No. 494 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T