Suman Mandal @ Suman Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4634 of 2024 Arising Out of PS. Case No.-436 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Suman Mandal @ Suman Kumar Mandal son of Ram Shankar Mandal R/o vill-Hasanpur ward no.3 PS-Raniganj Dist-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Rana, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 444 liters of foreign liquor is said to have been recovered from a Pulsar motorcycle. Two persons were apprehended by police who disclosed the name of the petitioner as who has fled away from the place of occurrence. Petitioner has no concern either with the seized liquor and motorcycle or any trade of liquor. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.4634 of 2024(2) dt.09-02-2024 2/3 general and omnibus in nature. Petitioner has one criminal antecedent of similar nature as mentioned in para-3 of this application.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in account of Mahavir Cancer Sansthan, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Raniganj P.S. Case No. 436 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) The one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to

Patna High Court CR. MISC. No.4634 of 2024(2) dt.09-02-2024 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan.

(Anjani Kumar Sharan, J) annpurna/- U T