Rakesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6196 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== 1.

Rakesh Mandal S/o Ramlochan Mandal @ Ram Lochan Mandal R/o Village- Salha, P.S.- Benipatti, Distt- Madhubani. 2.

Jitendra Yadav @ Jitu Yadav S/o Ganga Prasad Yadav @ Ramji Yadav R/o Village- Salha, P.S.- Benipatti, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

Heard learned counsel for the petitioners and the learned APP for the State.

2.

Petitioners seek regular bail in connection with Benipatti P.S. Case No. 290 of 2022 dated 05.11.2022 registered for the offences punishable under Section 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

The main submissions advanced by learned counsel for petitioners are that in the present matter there are two accused persons who are petitioners and the instant matter relates to the recovery of 162 litres Nepali liquor which was made from two motorcycles and the petitioner no. 2 was not arrested at the spot and against both the petitioners there is criminal antecedent of

Patna High Court CR. MISC. No.6196 of 2023(2) dt.29-04-2023 2/2 one case and both the petitioners are bail in those cases and the investigation has been completed against them and petitioner no. 1 and petitioner no. 2 have been languishing in jail since 06.11.2022 and 01.12.2022 respectively. Further submission is that both the petitioners are very young persons. 4.

Learned APP for the State has opposed the bail prayer of the petitioners.

5.

Considering the above submissions and mainly the petitioners' young age and also the fact that investigation has been completed against them, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Benipatti P.S. Case No. 290 of 2022. (Shailendra Singh, J) Shahnawaz/- U T