Bipin Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3624 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- FALKA District- Katihar ====================================================== Bipin Mandal Son of Jago Mandal Resident of village -Dermahi police station- Falka, Dist- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Adv For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Falka P.S. Case No. 131 of 2024 registered for the offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2022.
3. The petitioner is named in the F.I.R. and is in custody since 13.11.2024.
4. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 132.390 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.3624 of 2025(2) dt.23-01-2025 2/3 petitioner submitted that implication of petitioner appears false in this case for simple reason being the owner of the alleged vehicle used in carrying the consignment of illicit liquor. It is submitted that admittedly illicit liquor was not recovered from the physical possession of this petitioner, who is a man of clean antecedent. While concluding the argument it is submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the aforesaid facts and circumstances as mentioned above and by taking note of facts as admittedly alleged illicit liquor not appears to be recovered from the physical possession of this petitioner, who is a man of clean antecedent, coupled with the fact as petitioner is in custody since 13.11.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Falka P.S. Case No. 131 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees
Patna High Court CR. MISC. No.3624 of 2025(2) dt.23-01-2025 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum-Excise Court No. 2, Katihar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./ Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T