Shiv Mangal Rai @ Shiv Mangal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71212 of 2021 Arising Out of PS. Case No.-395 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Shiv Mangal Rai @ Shiv Mangal Yadav Son of Ramjee Rai Resident of Village- Manpura near Kanhauli Bazar, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahua P.S. Case No. 395 of 2021 lodged under Sections 272, 273, 420, 467, 468, 414 of the I.P.C. and Sections 30 (a), 32 (ii), 38 (ii), 41(i) of the Bihar Prohibition and Excise Act. Vide order dated 25.05.2022, provisional bail was granted to the petitioner in this case and a report has been sought form D.T.O. to verify whether the present petitioner is the owner of the said vehicle or not. The report is Annexed with this record by which it transpires that there are 3 vehicles involved in the present case. The first vehicle is Scorpio, the owner of this

Patna High Court CR. MISC. No.71212 of 2021(3) dt.13-10-2022 2/2 vehicle is Yogender Kumar, the second vehicle is Tata Magic ACE, the owner of which is Maghnath Rai and the third vehicle is Hero Honda CD Dawn, the owner of which is Surendra Rai. Learned counsel for the petitioner submits that name of the petitioner is Shiv Mangal Rai, he also submits that other co-accused of this case has been granted bail by the Co-ordinate Bench of this Court vide order dated 10.3.2022, 10.08.2022 in Cr. Misc. No. 50794 of 2021 and 50677 of 2021. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the provisional bail of the petitioner is hereby confirmed on the same conditions on which the provisional bail was allowed.

(Dr. Anshuman, J.) ashishsingh/- U T