Gopal @ Mantosh Kumar @ Mantosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60501 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Gopal @ Mantosh Kumar @ Mantosh Son of Ram Pravesh Singh, Resident of Village - Khesrahi, P.S. - Patepur, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Patepur P.S. Case No.201 of 2023 dated 10.08.2023 instituted under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, there is total recovery of 2082.96 liter of Indian made foreign liquor from the truck standing at cremation place.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the place of occurrence, nothing has been recovered from the possession of petitioner and the vehicle in question does not belong to the petitioner. He further submits that petitioner has no concern with the affairs of other

Patna High Court CR. MISC. No.60501 of 2023(2) dt.11-10-2023 2/2 co-accused persons and except suspicion there is no material against the petitioner. Learned counsel also submits that antecedent of petitioner is clean.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousands) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court 2 -cumAdditional District and Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No.201 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J.) Ritik/- U