Patna High CourtCR. MISC./39251/2024bail granted

Birbal Kumar Mandal v. The State Of Bihar

2024-08-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39251 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- BANKA District- Banka ====================================================== Birbal Kumar Mandal, S/O Sri. Shailendra Mandal R/O Village Domuhan, Police Station Banka, District Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. 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.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 60 litres of liquor from a Toto vehicle.

4. 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 the fact that he is owner of the seized Toto. It is next submitted that no prudent person would use his own

Patna High Court CR. MISC. No.39251 of 2024(3) dt.21-08-2024 2/3 vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated and at the same, would bring disrepute to his business. It is further submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged.

5. Learned A.P.P. opposes the anticipatory bail application.

6. 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII, Banka/ Court concern, Banka in connection with Banka P. S. Case No.106 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.39251 of 2024(3) dt.21-08-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T