Mantu Sharma @ Mantu Kumar Khatve v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49480 of 2023 Arising Out of PS. Case No.-456 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== MANTU SHARMA @ MANTU KUMAR KHATVE Son of Rameshwar Sharma @ Rameshwar Khatve Resident of village - Jimrahi ward no. 03, P.S. - Narpatganj, Distt. - Araria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 42 liters of Nepali liquor is said to have been recovered from one motorcycle and the apprehended person disclosed the name of the petitioner as one of his accomplice. Petitioner is not the owner of the said motorcycle. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of

Patna High Court CR. MISC. No.49480 of 2023(2) dt.19-08-2023 2/3 liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case on the basis of confessional statement of the apprehended co-accused, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Forbesganj P.S. Case No. 456 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.49480 of 2023(2) dt.19-08-2023 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Trivedi/- U T