Sharwan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26141 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Sharwan Kumar Mandal Son Of Kaleshwar Mandal Resident Of Village - Bhaganwanpur, P.S. - Laukahi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Laukahi Police Station Case No. 317 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of total 108 liters of Nepali country made liquor from a motorcycle bearing Engine No. JA06ERJGH28098 in presence of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that petitioner has no concern with the said motorcycle. Nothing has been recovered from the possession of the petitioner. He further submits that investigation in this case has already been concluded and

Patna High Court CR. MISC. No.26141 of 2024(2) dt.08-04-2024 2/2 charge-sheet has already been submitted. The petitioner is in custody since 07.12.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Jhanjharpur, District - Madhubani in connection with Laukahi P.S. Case No. 317 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T