Prashant Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37372 of 2024 Arising Out of PS. Case No.-387 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Prashant Kumar Mandal, Male, aged about 23 years, Son of Pawan Mandal, Resident of Village - Belha, P.S. - Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Jitendra Bharti, learned counsel appearing on behalf of the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Phulparas P.S. Case No. 387 of 2022 registered for the offence(s) punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 12 litres of Nepali country made liquor has been recovered from the straw house of one petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in this case. It is further submitted that alleged recovery is from the straw hut of the petitioner and his

Patna High Court CR. MISC. No.37372 of 2024(2) dt.26-06-2024 2/2 other family members, which is an open space and is easily accessible by anyone and he has no concern with the alleged recovered liquor. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 387 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force Sanjay/- Saurabh/- (Purnendu Singh, J) U T