Ayodhi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8369 of 2023 Arising Out of PS. Case No.-175 Year-2021 Thana- LADANIA District- Madhubani ====================================================== AYODHI MANDAL Son of Mahendra Mandal R/v- Silanath Dulipatti, P.S.- Jay Nagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 2403 liters illicit liquor from five motorcycles out of which one motorcycle bearing Registration no. BR32H-5612 is belongs to this petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner is owner of one of the seized motorcycle bearing

Patna High Court CR. MISC. No.8369 of 2023(2) dt.02-05-2023 2/2 Registration no. BR32H-5612 but he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list has not been prepared in accordance with law. Moreover, the petitioner is languishing in judicial custody since 7.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ladaniya P.S. Case No. 175 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II,-cumSpecial Judge, Excise Act, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T