Pankaj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13731 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== 1.

PANKAJ KUMAR MANDAL SON OF MAHADEO MANDAL R/O VILLAGE- HARIYARI, P.S.- PODAIYAHAT, DISTRICT- GODDA, JHARKHAND 2.

SUSHIL MANDAL SON OF SUBHASH MANDAL R/O VILLAGEHARIYARI, P.S.- PODAIYAHAT, DISTRICT- GODDA, JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupa Nand Jha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 272/273/302/325/34 of the Indian Penal Code and 34(1)/36 Bihar Prohibition and Excise Act 2016.

3. It is alleged that these petitioners are induldged the business of selling cheap and spurious liquor, and due to their consumption, one person has died and others have serious health issues, due to which they are admitted to the hospital for treatment.

4. It is submitted that the petitioners are innocent and

Patna High Court CR. MISC. No.13731 of 2023(4) dt.20-09-2023 2/2 have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners.

5. Learned counsel for the State opposes the prayer for bail and submitted that petitioners have got two criminal antecedents of similar nature .

6. Considering the facts and circumstances of the case and also the fact that petitioners have got two criminal antecedents of similar nature, prayer for pre-arrest bail of the petitioners is rejected.

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