Sanchu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29656 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== 1.

SANCHU MANDAL S/O ADHIKLAL MANDAL R/O VILLAGENAVTOLIA, P.S.-PASARAHA, DISTRICT-KHAGARIA. 2.

SANTOSH MANDAL S/O MANCHU MANDAL R/O VILLAGENAVTOLIA, P.S.-PASARAHA, DISTRICT-KHAGARIA. 3.

ROHIT KUMAR @ ROHIN MANDAL @ ROHIT MANDAL @ ROHIT RAJ S/O RAMAKANT MANDAL R/O VILLAGE-NAVTOLIA, P.S.- PASARAHA, DISTRICT-KHAGARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Poddar Suresh Gandhi For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner No. 1 namely Sanchu Mandal as during pendency of this application, he has been taken into judicial custody. Permission is granted.

Accordingly, this application with regard to petitioner

Patna High Court CR. MISC. No.29656 of 2021(2) dt.10-08-2021 2/3 No. 1 namely Sanchu Mandal is dismissed as withdrawn. The petitioner Nos. 2 & 3 are apprehending their arrest in Pasraha P.S. Case No. 112 of 2020 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, in short, is that 514.980 liters wine is recovered.

It has been submitted on behalf of the petitioner Nos. 2 & 3 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against them. They have been falsely implicated in the present case. It is alleged that 514.980 litres wine is recovered from husk house of the coaccused. The names of the petitioner Nos. 2 & 3 have transpired in this case on the basis of secret information and disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner Nos. 2 & 3 in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner Nos. 2 & 3. The petitioner Nos. 2 & 3 had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner Nos. 2 & 3 are named in the F.I.R.

Patna High Court CR. MISC. No.29656 of 2021(2) dt.10-08-2021 3/3 Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner s Nos. 2 & 3 above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Special Judge, Excise Act, Khagaria in connection with Pasraha P.S. Case No. 112 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner Nos. 2 & 3 shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T