Patna High CourtCR. MISC./79680/2023bail granted

Sudhir Mandal @ Sudhir Kumar Mahto v. The State Of Bihar

2024-02-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79680 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== SUDHIR MANDAL @ SUDHIR KUMAR MAHTO SON OF UMESH MANDAL RESIDENT OF VILLAGE - BERAI, P.S. - HATHAURI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

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

2. The petitioner apprehends his arrest in connection with Hatauri P.S. Case No.153/2023 registered for the offence punishable under Sections 272, 273, 467, 468, 414 and 34 of the I.P.C and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases and allegation is of recovery of 2 litres of liquor from a car. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession nor he is owner of the seized vehicle. It is next submitted that he came to be implicated based on confessional statement of Neeraj Kumar

Patna High Court CR. MISC. No.79680 of 2023(3) dt.21-02-2024 2/2 Jha in police custody, which does not have any evidentiary value. It is also submitted that the police got the petitioner implicated in the case because of his antecedents through Neeraj.

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.25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.3, in connection with Hatauri P.S. Case No.153/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T