Patna High CourtCR. MISC./73050/2023bail granted

Rajesh Kumar Mandal v. The State Of Bihar

2024-02-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73050 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== RAJESH KUMAR MANDAL SON OF SONELAL MANDAL RESIDENT OF VILLAGE- OLAPUR, P.S.-PIRPAINTI, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Kumar Ojha For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

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

2. The petitioner apprehends his arrest in connection with Pirpainti P.S. Case No.235/2023 dated 05.07.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. An allegation is of recovery of 750 ml. of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself. It is next submitted that petitioner was

Patna High Court CR. MISC. No.73050 of 2023(3) dt.20-02-2024 2/2 completely unaware that his friend who had taken the motorcycle would misuse the vehicle in the manner as alleged.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5 Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-12-cum-Special Judge ExciseII, Bhagalpur in connection with Pirpainti P.S. Case No.235/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T