Amrit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30755 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- NIRMALI District- Supaul ====================================================== Amrit Mandal Son Of Ayodhi Mandal R/O Nirmali, Ward No. 02, P.S. - Nirmali And Distt. - Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of six cases and the allegation is of recovery of 182 bottles of 300 ml litre of liquor each recovered from the place of occurrence and Vijay Paswan was arrested, who disclosed the name of the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Vijay Paswan in

Patna High Court CR. MISC. No.30755 of 2023(2) dt.19-05-2023 2/2 police custody, which does not have any evidentiary value. It is also submitted that police falsely implicated the petitioner through Vijay Paswan because of his antecedents. Learned A.P.P. opposes the bail application.

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 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. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Supaul in connection with Nirmali P. S. Case No.90 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