Suraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35576 of 2018 Arising Out of PS. Case No.-213 Year-2017 Thana- BAUNSI District- Banka ====================================================== Suraj Mandal, son of Bishnudeo Mandal, resident of village- Shyampur, P.S. Kotwali, District-Munger ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Sri Ranjan Kumar Jha, learned counsel for the petitioner and Sri Yogendra Kumar, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Bounsi P.S. Case No.213 of 2017, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

Learned counsel for the petitioner submits that in this case, save and except confessional statement of co-accused, there is no other cogent material to connect the petitioner in the present case. He further submits that of course, it was alleged, as if, the vehicle in question belongs to the petitioner, but on oath

Patna High Court Cr.Misc. No.35576 of 2018(2) dt.28-06-2018 2/2 petitioner has stated that he has got no connection with the said vehicle. Learned counsel for the petitioner has specifically drawn my attention to the statement made in paragraph 12 of the petition to show that the petitioner is having no connection with the vehicle in question.

Considering the fact that the petitioner is having clean antecedent and his name has transpired in the confessional statement of co-accused made before the police, there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Suraj Mandal be enlargd on bail on furnishing bail bond of Rs.10,000/-( ten thousand ) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeII, Banka in connection with Bounsi P.S. Case No.213 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T