Mantu Rai @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53693 of 2023 Arising Out of PS. Case No.-212 Year-2017 Thana- MALSALAMI District- Patna ====================================================== MANTU RAI @ MANTU KUMAR S/O RUKMANAND RAI R/O VILLAGE- BUNDEL TOLI, PS. PATNA CITY, DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

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 Sections 272 and 273 of the Indian Penal Code and 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 54 liters of liquor from a garbage at Damrahi Ghat and 6 liters of liquor from the possession of Pradeep Kumar.

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 and he came to be implicated based on confessional statement of Pradeep Kumar in police custody which does not have any evidentiary value, It

Patna High Court CR. MISC. No.53693 of 2023(2) dt.18-08-2023 2/2 is next submitted that even the alleged recovery is from a place which is accessible to public at large and 6 liters of liquor is alleged to have been recovered from possession of Pradeep Kumar. Learned counsel next submits that petitioner has been falsely implicated in the present case when admittedly he is a person with clean antecedent.

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 Malsalami P.S. Case No. 212 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T