Asharfi Mandal @ Asharfi Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22204 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== ASHARFI MANDAL @ ASHARFI CHAUPAL Son of Bhangi Mandal Resident of village-Uchaith, P.S.-Benipatti, Dist.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Benipatti P.S. Case No.08 of 2023 corresponding to G.R. No.96 of 2023 dated 15.01.2023 registered for the offence(s) punishable under Section(s) 272, 273 and 34 of the Indian Penal Code and Section(s) 30(a) and 37 of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to recovery of 141 litres of illicit liquor and the same is stated to have been recovered from two places belonging to two co-accused persons namely Shankar Kumar and Govind Pathak but the petitioner had no concern with both the said places and

Patna High Court CR. MISC. No.22204 of 2023(2) dt.11-05-2023 2/2 as per allegation he was simply found in an intoxicated state and he has fair and clean antecedent and has been languishing in jail since 16.01.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the nature of allegation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Benipatti P.S. Case No.08 of 2023 corresponding to G.R. No.96 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T