Ramu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19327 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== RAMU MANDAL Son of Lakshman Mandal Resident of Village - Kaluahi, Malmal, P.S.- Basopatti, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Umanath Mishra Ms. Amita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 70 of 2020, registered for the offence punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise (Prohibition) Amendment Act, 2016.

The allegation is regarding recovery of huge quantity of illicit Nepali country made wine from a Tata Sumo vehicle. The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.19327 of 2020(2) dt.08-06-2020 2/2 the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 2.3.2020. It is further submitted that the petitioner is only the driver of the Tata Sumo vehicle and he has got nothing to do with the illicit liquor, which might have been loaded by the owner of the Tata Sumo vehicle. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the aforesaid submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned Additional District & Session Judge II-cum-Special Judge, (Excise Act), Madhubani in connection with Jaynagar P.S. Case No. 70 of 2020. (Mohit Kumar Shah, J) Ajay/- U T