Patna High CourtCR. MISC./45794/2024bail granted

Sunil Mandal v. The State Of Bihar

2024-08-30Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45794 of 2024 Arising Out of PS. Case No.-851 Year-2023 Thana- Excise P.S. District- Banka ====================================================== Sunil Mandal, Son of Basudev Mandal R/O Vill.- Ajnari, P.S.- Palojori, Dist.- Deogarh, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024

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 3879.36 litres of liquor from three vehicles.

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 is

Patna High Court CR. MISC. No.45794 of 2024(2) dt.30-08-2024 2/3 not the owner of any of the seized vehicles and he came to be implicated based on confessional statement of Kunal Kumar in police custody, which does not have any evidentiary value.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, 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 A.D.J.- 5th-cum- Special Judge Excclusive Excise Court-2, Banka in connection with Banka Excise P. S. Case No.851 of 2023, 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

Patna High Court CR. MISC. No.45794 of 2024(2) dt.30-08-2024 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T