Shivan Mandal @ Shivnandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58505 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- KARJAIN District- Supaul ====================================================== SHIVAN MANDAL @ SHIVNANDAN MANDAL Son of Late Kadam Lal Mandal Resident of Village - Ward No.- 08, Motipur, P.S.- Karjain, District - Supaul, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Karjain P.S. Case no. 66 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 72 liters illicit country made liquor from 250 meters away of the house of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The place of occurrence is an open place and petitioner has no concern with the alleged recovery of illicit country made

Patna High Court CR. MISC. No.58505 of 2022(2) dt.28-11-2022 2/2 liquor. The name of the petitioner has been disclosed in this case on secret information. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Karjain P.S. Case no. 66 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T