Singheshwar Mandal @ Khechan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68649 of 2023 Arising Out of PS. Case No.-430 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Singheshwar Mandal @ Khechan Mandal S/O Late Ram Sagar Mandal R/O Village- Baruara, P.S- Bahadurpur (Fekla O.P.), Distt.- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 430 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He has got no criminal antecedent.

3. As per the prosecution story, the informant received information with regard to transportation of liquor by this petitioner on his motorcycle. On this information, the informant during vehicle checking intercepted the said motorcycle but the driver managed to flee away who was identified as this petitioner. On search of the said motorcycle, total 6.375 liters of foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68649 of 2023(2) dt.01-11-2023 2/3 petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no concern with the allegedly recovered illicit liquor. It is also submitted that the motorcycle in question is not registered in the name of this petitioner.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission with reference to the vehicle registration certificate as contained in Annexure '2' to the application saying that the vehicle is not registered in the name of the petitioner and further considering that the petitioner has otherwise no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 430 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, Excise Act, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.68649 of 2023(2) dt.01-11-2023 3/3 any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T