Patna High CourtCR. MISC./73514/2023bail granted

Md. Kalim Mansur @ Md. Kalim Rain v. The State Of Bihar

2024-02-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73514 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== MD. KALIM MANSUR @ MD. KALIM RAIN S/O MD. ABDUL MANSUR @ MD. ABDUL RAIN @ ABDUL MANSUR R/O villageMahinathpur Jankinagar, P.S.- Basopatti, District- Mdhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== 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 a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is of recovery of 630 litres of liquor from a Scorpio vehicle.

4. Learned counsel for the petitioner submits that petitioner has antecedent of one case. It is further submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Shiv Mandal and Vikash Kumar Jha in police custody which does not have

Patna High Court CR. MISC. No.73514 of 2023(3) dt.20-02-2024 2/2 any evidentiary value in the eye of law. It is next submitted that petitioner is not the owner of the seized vehicle.

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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Basopatti P.S. Case No. 166 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T