Suresh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2319 of 2025 Arising Out of PS. Case No.-642 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Suresh Mandal, S/O Late Bishundev Mandal @ Adhik Lal Mandal, R/O Majhua, ward No. 6, PS- Forbesganj Dist.- Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 642 of 2024 dated 16.10.2024, instituted for the offence punishable under Sections 7 of The Essential Commodities Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, the informant on getting information, seized a Mahindra Jeeto Truck bearing Registration No. BR11PA7722 in which total 28 quintals 60 kg. Arwa rice of Food Corporation, kept in 52 sacks were laden. It is alleged that the said truck was being driven by the petitioner who failed to produce the documents in respect of the loaded rice.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2319 of 2025(2) dt.05-02-2025 2/3 petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner was a labourer who was sitting on the hood of the said truck at the time of raid. The petitioner was engaged as labourer for unloading the rice from the truck. Learned counsel for the petitioner submits that the allegation against the petitioner that he was driver of the said vehicle is false and concocted. There is no documents available on record which shows that the petitioner was the driver of the truck. The driving licence of the petitioner has not been seized during the course of the search and seizure. Learned counsel for the petitioner further submits that neither the petitioner is the owner of the said truck nor he has any concern with the truck or seized rice. Lastly, it has been submitted that the petitioner is in custody since 17.10.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.2319 of 2025(2) dt.05-02-2025 3/3 each to the satisfaction of the learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 642 of 2024. (Khatim Reza, J) premchand/- U T