Rohit Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12596 of 2024 Arising Out of PS. Case No.-624 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Rohit Kumar Mandal S/o Jatan Mandal R/o Village- Sahsram Tola Rampur, Ward No. 13, P.O. and P.S. Biraul, District- Darbhanga, State Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhigyan Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Rosra P.S. Case No.624 of 2023 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of total 41.32 litre of illicit liquor from a motorcycle bearing Chesis No. MBLHA10EZHM90781 and Engine Number HA10EFAHM93055.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of

Patna High Court CR. MISC. No.12596 of 2024(2) dt.26-02-2024 2/3 alleged illicit liquor was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that there is violation of Section 100 of the Cr.P.C. as the provision of the search and seizure was not followed in the present case. It is further submitted that petitioner is in custody since 24.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Rosra P.S. Case No.624 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-cum-Special Judge, Excise-I, Samastipur. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.12596 of 2024(2) dt.26-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T