Niwas Mandal @ Nivas Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76053 of 2024 Arising Out of PS. Case No.-45 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Niwas Mandal @ Nivas Mandal Son of Hira Lal Mandal Resident of Village - Chhoti Parbatta, P.S. - Ismailpur, District - Bhagalpur (Bihar) (Owner of the vehicle) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case no. 45 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that on a tempo altogether 87.750 liter of foreign made liquor was recovered. The driver of the tempo managed to escape and the petitioner is the owner of the said alleged tempo.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.76053 of 2024(2) dt.25-11-2024 2/2 offence. He has falsely been implicated in this case. It has also been submitted by the learned counsel for the petitioner that the petitioner has got no knowledge or concern about the seized liquor. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6.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 Excise P.S. Case No. 45 of 2021, 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 A.D.J.V.-Cum-Special Judge Exclusive Excise Court No. 2, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T