Atwari Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5500 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Atwari Kumar Mandal SON OF BABJAN MANDAL @ BABJAN SINGH RESIDENT OF BARUN PS -BELDOUR DISTRICT -KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Singh For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Beldour P.S. Case No.286/2023 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 is a person with clean antecedent. An allegation is of recovery of 15 litres of liquor from a motorcycle. It is next submitted that the petitioner is not the owner of the motorcycle nor he was arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of Ramanand Singh in police custody, which does not have any evidentiary value in the eye of law.
Patna High Court CR. MISC. No.5500 of 2024(2) dt.15-02-2024 2/2
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 Special Excise Judge-II, Khagaria in connection with Beldour P.S. Case No.286/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T