Rajesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42845 of 2023 Arising Out of PS. Case No.-44 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== RAJESH MANDAL Son of Dhirenchandra Mandal @ Dhiren Mandal Resident of vill - Dharampur, P.S. - Ramgarh, Distt. - Dumka (Jharkhand) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 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 allegation is of recovery of 151.5 litres of liquor from a Tata vehicle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he being owner of the seized vehicle, came to be implicated in the present case, it is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would get
Patna High Court CR. MISC. No.42845 of 2023(2) dt.11-07-2023 2/2 implicated by creating evidence against himself, it is further submitted that petitioner is a businessman and was completely unaware that the driver would misuse the vehicle in the manner as alleged.
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. 1,000/- (Rupees One 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 Tetarhat P.S. Case No. 44 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T