Patna High CourtCR. MISC./14106/2024bail granted

Bhikari Mandal @ Vikhari Mandal v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14106 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Bhikari Mandal @ Vikhari Mandal S/O Late Rasvihari Mandal R/O Bhatiyari Sarai, P.O- Lalbagh, P.S- Laheriasarai, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Laheriasarai P.S. Case No. 01 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 10.8 liters liquor was recovered from a bag carried by the petitioner. The petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged

Patna High Court CR. MISC. No.14106 of 2024(2) dt.01-03-2024 2/2 recovery of liquor. It is further submitted that the petitioner is a fish monger and at the time of occurrence he was on his way to the fish market. The petitioner is in custody since 02.01.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laheriasarai P.S. Case No. 01 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T