Suraj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40711 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- BARSOI District- Katihar ====================================================== Suraj Kumar Mandal, S/o Lakshman Mandal, Resident of Village Raghunathpur, Ward No 3, P.S. -Barsoi, District-Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar, Advocate Md. Musowir, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Barsoi P.S. Case No.72 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner named in the FIR and is in custody since 28.03.2024.

4. Allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where there is recovery of 41 liters of Indian made foreign illicit liquor from tempo.

5. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.40711 of 2024(2) dt.10-06-2024 2/3 petitioner that alleged recovery of illicit liquor appears to be made from a tempo, which is a public carrier and implication of this petitioner appears to be made only for the reason that he is the driver of alleged tempo. It is submitted that as vehicle in issue is a public carrier, it cannot be said that the alleged recovery of illicit liquor was made from conscious physical possession of the petitioner. While concluding argument, it is submitted that petitioner is a man of clean antecedent and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of above-mentioned facts and circumstances of the case, as recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.03.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of

Patna High Court CR. MISC. No.40711 of 2024(2) dt.10-06-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. Exclusive, Special Judge, Excise Court No.2, Katihar in connection with Barsoi P.S. Case No.72 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC.

Sanjeet/- (Chandra Shekhar Jha, J.) U T