Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24656 of 2024 Arising Out of PS. Case No.-41 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Bhola Mandal S/O Fakir Mandal @ Fakira Mandal R/O Village- Telhan, Bhuiya Asthan, Ps.- Sadar, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ruchi Acharya, Adv.

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with P.R. No. 41 of 2021 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, total 558 litre illicit liquor was recovered from the Karkat shed.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has

Patna High Court CR. MISC. No.24656 of 2024(2) dt.28-03-2024 2/3 been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. Petitioner is not arrested on the spot. It is also submitted that petitioner is in judicial custody since 14.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Excise Act, Darbhanga in connection with P.R. No. 41 of 2021.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No.24656 of 2024(2) dt.28-03-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T