Patna High CourtCR. MISC./54416/2023bail granted

Sonu Mandal @ Sonu Kumar v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54416 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== Sonu Mandal @ Sonu Kumar Son Of Sina Mandal Resident Of VillageDomanpura, Ps- Jamui Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Halsi (Ramgarh Chowk) P.S. Case No. 15 of 2022 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 30 litres of liquor from a motorcycle.

4. 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 came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value, it is

Patna High Court CR. MISC. No.54416 of 2023(2) dt.23-08-2023 2/2 further submitted that the petitioner is not the owner of the seized motorcycle and the Chowkidar because of his enmity with the petitioner disclosed his name.

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 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 Halsi (Ramgarh Chowk) P.S. Case No. 15 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T