Shrawan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29353 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== SHRAWAN KUMAR MANDAL Son of Kaleshwar Mandal Resident of Village- Jamsar, P.S.- Lakhui, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-10-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Laukahi P.S. Case No. 233 of 2020 corresponding to G.R. No. 1754/2020 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act. He is in custody since 27.12.2020. The petitioner has got no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, while the informant was on patrolling duty along with other police personnel saw a person coming from Nepal side who was apprehended and from

Patna High Court CR. MISC. No.29353 of 2021(2) dt.28-10-2021 2/3 his bicycle two plastic bags containing Nepali liquor were found and the said person (petitioner) disclosed that one person is coming with liquor on bicycle, thereafter the informant recovered two another bags and a bicycle. On search of the bags total 126 liters Nepali liquor were recovered. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, the seized liquor has not been recovered from the conscious possession of the petitioner, however he is in custody since 27.12.2020. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein total 126 liters of Nepal made liquor were recovered from the four plastic bags, petitioner is in custody since 27.12.2020, he has otherwise no criminal antecedent, investigation against him is complete but the trial is not likely to take place in near future, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum - Special Judge, Excise Act, Madhubani in connection with Laukahi P.S. Case No. 233

Patna High Court CR. MISC. No.29353 of 2021(2) dt.28-10-2021 3/3 of 2020 corresponding to G.R. No. 1754/2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.

(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.