Mahesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27539 of 2024 Arising Out of PS. Case No.-193 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Mahesh Mandal S/o Ram Gulam Mandal R/o vill - Tirhuta, P.S. - Babubarhi, Distt. - Madhubani 2.

Ram Naresh Mandal @ Naresh Mandal @ Ramesh Mandal S/o Ram Gulam Mandal R/o vill - Tirhuta, P.S. - Babubarhi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with G.R. No. 969 of 2023, arising out of Babubarhi P.S. Case No. 193 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 66 liters liquor was recovered from the orchard of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered

Patna High Court CR. MISC. No.27539 of 2024(2) dt.09-04-2024 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the alleged place of recovery is an open place which is accessible to everyone. The petitioners are in custody since 17.02.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 969 of 2023, arising out of Babubarhi P.S. Case No. 193 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T