Chharpan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43806 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== CHHARPAN MANDAL Son of Nakchhedi Mandal Resident of Village - Maubehat, P.S.- Manigachi, (Nehwa O.P.), Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== 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, 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 petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 9.1.2021. The learned counsel for the petitioner has further submitted that the cow-shed in question is an open space, hence the possibility of the illicit liquor being planted by some other person cannot be ruled

Patna High Court CR. MISC. No.43806 of 2021(2) dt.15-12-2021 2/2 out. It is also submitted that similarly situated other accused person has already been granted bail.

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 period of incarceration of the petitioner herein and the fact that the illicit liquor was recovered from a cow shed, which is situated in an open space, thus the possibility of the liquor being planted by some other person cannot be ruled out, 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 cum Special 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 T