Roushan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36694 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Roushan Mandal S/o Ramnarayan Mandal R/o vill - Jhitaki, ward no. 1, P.S. - Rajgrah, Distt. - Saptari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Andhramath P.S. Case No. 40 of 2024 for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. Seeing the police party, the petitioner tried to flee away but was apprehended. On search, 540 liters of Nepali liquor was recovered from the bicycle of petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted that the

Patna High Court CR. MISC. No.36694 of 2024(4) dt.12-09-2024 2/2 petitioner is a person of clean antecedent and is under custody since 17.06.2021.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with Andhramath P.S. Case No. 40 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted.

8. One of the bailors must be Indian citizen. (Nawneet Kumar Pandey, J) Nirmal/- U T