Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73111 of 2023 Arising Out of PS. Case No.-670 Year-2023 Thana- FATUA District- Patna ====================================================== MANTU KUMAR SON OF LATE SURESH SAW RESIDENT OF VILLAGE- GOVINDPUR, P.S. - FATUHA, DISTRICT - PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamla Kant Pandey For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Fatuha P.S. Case No.670/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases. An allegation is of recovery of 10 litres of liquor from the house of Shobha Devi. 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 petitioner is not acquainted with Shobha Devi and he came to be implicated based on confessional statement of Manish Kumar in police custody, which does not
Patna High Court CR. MISC. No.73111 of 2023(3) dt.19-02-2024 2/2 have any evidentiary value in the eye of law.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court, Patna City in connection with Fatuha P.S. Case No.670/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T