Sudhir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19490 of 2023 Arising Out of PS. Case No.-59 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Sudhir Mandal Son Of Late Umesh Mandal Resident Of Village- Berai, PsHathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)/32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 2361.300 liters of illicit foreign liquor from house of co-accused namely, Md. Tajuddin and the petitioner is alleged to be indulged in the trade of liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.19490 of 2023(2) dt.19-05-2023 2/2 liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from conscious possession of the petitioner rather the same was recovered from house of co-accused Md. Tajuddin. It is further submitted that the petitioner is languishing in judicial custody since 18.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 59 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-IInd, Muzaffarpur.

(Sunil Kumar Panwar, J) Amandeep/- U T