Patna High CourtCR. MISC./40522/2024bail granted

Jitendra Mandal v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40522 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- Ghogha District- Bhagalpur ====================================================== JITENDRA MANDAL SON OF SHRAWAN MANDAL RESIDENT OF VILLAGE - PAKKISARAI, P.S. - GHOGHA, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghogha P.S. Case No. 20/2024 lodged on 27.03.2024 under Section 30(a) of the Excise Act.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the present petitioner to whom there is an allegation of fleeing away as they saw the police who have gone to conduct raid on secret information and 344 litre of liquor has been recovered from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the content of F.I.R., it is very much clear

Patna High Court CR. MISC. No.40522 of 2024(2) dt.30-05-2024 2/2 that the locality in which the said occurrence took place is near the railway station. The petitioner is passenger who was returning home and in the meantime police has caught him. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 28.03.2024.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and 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 Excise Judge-I, Bhagalpur in connection with Ghogha P.S. Case No. 20/2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U