Durganand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58853 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== DURGANAND MANDAL SON OF KAMLESH MANDAL @ RAMU MANDAL R/O VILLAGE- BASAULI, P.S.- GHANSHAYAMPUR, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aprajita, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code and 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 154.5 liters of liquor from a Santro Car, 154.5 liters from a Nubo sport car and 14.25 liters of liquor from a Glamour motorcycle.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.58853 of 2022(2) dt.10-11-2022 2/2 submitted that petitioner being owner of Nubo sport car came to be implicated, it is next submitted that no prudent man would use his own vehicle for committing a crime and thus create evidence against himself, it is next submitted that petitioner was completely unaware that driver of the vehicle would misuse the vehicle for such illegal purpose.

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

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) each 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 Ghanshyamapur P.S. Case No. 112 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T