Patna High CourtCR. MISC./36941/2022bail granted

Mantesh Kumar v. The State Of Bihar

2022-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36941 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- TISIAUTA District- Vaishali ====================================================== MANTESH KUMAR SON OF KAILASH RAI @ KAILASH PRASAD RAI R/O MILKI JASPARHA, P.S.- TISIAUTA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 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 allegation is of recovery of 271.45 liter liquor from petitioners hut/bathan. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, even the alleged place from where recovery of liquor is shown does not belong to the petitioner, this amply demonstrates that the police in mechanical manner implicated the petitioner in order to save the

Patna High Court CR. MISC. No.36941 of 2022(2) dt.23-08-2022 2/2 real culprits 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tisiauta P.S. Case No. 40 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T