Raj Kumar Mandal @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38896 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Raj Kumar Mandal @ Raj Kumar S/O Binod Mandal R/O Village-Koriapatti, Ward No.13, P.S.- Jadia, Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balkrishna Mishra, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Araria Excise Circle P.S. Case No.122 of 2024, lodged on 23.03.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner and total recovery of 210 litres of liquor has been the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is in custody since 23.03.2024 having no criminal antecedent. Counsel further submits that the
Patna High Court CR. MISC. No.38896 of 2024(2) dt.28-05-2024 2/2 petitioner is neither driver nor khalasi nor owner of the vehicle, but under wrong impression he sat in the vehicle and upon raid, he was caught by the police. Counsel submits that in future he shall not commit such mistake.
5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner was sitting in the vehicle in which liquor had been recovered.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria, in connection with Araria Excise Circle P.S. Case No.122 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Mkr./Ankit U T