Patna High CourtCR. MISC./32935/2024bail granted

Gajendra Mandal v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32935 of 2024 Arising Out of PS. Case No.-867 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== GAJENDRA MANDAL S/O LATE MAHENDRA MANDAL R/O VILLAGE- DHOI, P.S- SADAR, DISTT.- DARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand, Adv.

For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 867 of 2023 dated 24.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 432 litres of illicit Nepali liquor was recovered from the Tata Sumo car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. Local Chowkidar disclosed the

Patna High Court CR. MISC. No.32935 of 2024(2) dt.01-05-2024 2/2 name of the petitioner. The petitioner has two other criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Sadar P.S. Case No. 867 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T