Patna High CourtCR. MISC./51540/2023bail granted

Mantu Kumar @ Mintu Kumar v. The State Of Bihar

2023-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51540 of 2023 Arising Out of PS. Case No.-358 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== MANTU KUMAR @ MINTU KUMAR Son of Krishna Prasad Resident of village - Teli Tola, Manpur, Gaya, P.S. - Muffasil in the distt. of Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. 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 Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 34.05 liters of liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. Learned counsel next asserts and submits that petitioner is not the owner of the house and he came to be implicated by the villagers, but then the FIR

Patna High Court CR. MISC. No.51540 of 2023(2) dt.08-08-2023 2/2 does not disclose the name of the villager who disclosed the name of the petitioner. It is further submitted that police in mechanical manner implicated the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court 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 trial court where the case is pending/successor court in connection with Muffasil P.S. Case No. 358 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T