Saroj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43656 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== SAROJ MANDAL S/O PALTAN MANDAL R/o village- Maubehat, P.S.- Manigachi, (Nehra O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Manigachi (Bajitpur) P.S. Case No. 04 of 2021 corresponding to G.O. No. 27 of 2021, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 1166.550 liters of illicit foreign liquor from the cow-shed of the co-accused person namely Chharpan Mandal.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, and he is languishing in custody since 9.1.2021. The learned counsel for the petitioner has further submitted that admittedly no illicit liquor has been recovered either

Patna High Court CR. MISC. No.43656 of 2021(2) dt.15-12-2021 2/2 from the conscious possession of the petitioner or from his house.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no recovery has been made either from the conscious possession of the petitioner or from his house, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cumSpecial Judge, Excise Act, Darbhanga in connection with Manigachi (Bajitpur) P.S. Case No.04 of 2021 corresponding to G.O No. 27 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U