Ram Bahadur Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5343 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== RAM BAHADUR MANDAL SON OF GUDAR MANDAL R/O VILLAGESAKHUA (DAMODARPUR, WARD NO.8), P.S.- NARAHIYA O.P., DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act and sections 272, 273/34 of the Indian Penal Code.

As per the prosecution case, 96.400 Nepali Saufi Wine was recovered from the shop of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is in custody since 6.12.2021. Investigation is complete.

Patna High Court CR. MISC. No.5343 of 2022(2) dt.04-04-2022 2/2 Learned counsel appearing for the State opposes the prayer for bail and submits that the petitioner has got identical criminal antecedent.

Considering the rival submissions of the parties, prayer for bail of the petitioner is rejected. However, the court in seisin of the matter is directed to release the petitioner on bail to its own satisfaction after framing of charge.

(Prabhat Kumar Singh, J) shashi/- U T