Mangal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26005 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Mangal Kumar S/O Dinesh Mandal R/O Village- Kasmbhara, (PRESENT Resident Of Village Sakhua Toli), P.S- Dhamdhaha, Distt.- Purnea. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baijnath Sah, Adv.
For the Opposite Party/s :
Mr. Rita Verma, 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 is in custody in connection with Kahalgaon (Ghogha) P.S Case No. 44 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2016 and 2018.
3. As per prosecution case, total 189 litre illicit liquor was recovered from the four wheeler.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has
Patna High Court CR. MISC. No.26005 of 2024(2) dt.08-04-2024 2/3 been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 19.01.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Bhagalpur in connection with Kahalgaon (Ghogha) P.S Case No. 44 of 2024 in G.R. No. 289 of 2024.
7. The trial court is directed to conclude the
Patna High Court CR. MISC. No.26005 of 2024(2) dt.08-04-2024 3/3 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 chargesheet 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 the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T