Santosh Kumar Mandal @ Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23854 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Santosh Kumar Mandal @ Santosh Mandal , Son of Dhanraj Mandal, Resident of Village- Purandhaha, P.S.-Purandhaha, District- Deoghar, Jharkhand.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Shama Sinha For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and Mr. Md. Fahimuddin , learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in Barauni P.S. Case No. 30 of 2017 registered for the offence under section 188 of the Indian Penal Code, 1860 and section 30 (a) of the Bihar Excise (Amendment ) Act , 2016 has prayed for grant of bail in the event of arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case on the basis of so- called confessional statement of the driver of the vehicle who was apprehended and from the vehicle huge quantity of foreign liquor was recovered.

Considering the fact that petitioner has been made

Patna High Court Cr.Misc. No.23854 of 2017 (3) dt.19-08-2017 2/2 accused on the basis of confessional statement of co -accused, there is no reason to refuse the prayer for anticipatory bail. The petition stands allowed.

Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Santosh Kumar Mandal @ Santosh Mandal 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 Chief Judicial Magistrate , Begusarai / concerned court in connection with Barauni P.S. Case No. 30 of 2017 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973.

(Rakesh Kumar, J) Praful/- U T