Lalan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15553 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== Lalan Mandal S/O Kanahiya Raut R/O - Murarpur, P.S - Korma, DistSheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sheikhpura Excise PS Case No. 41 of 2025 instituted for the offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 30 litres of country made liquor was recovered from motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the passerby of the way. It is further submitted

Patna High Court CR. MISC. No.15553 of 2025(2) dt.05-03-2025 2/2 that the name of the petitioner has transpired on secret information. The petitioner is in custody since 26.10.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 25.02.2025 passed in Cr. Misc. No. 11983 of 2025. 5.

Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura Excise PS Case No. 41 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T