Mithun Mandal @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43316 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

Mithun Mandal @ Mithun Kumar Son Of Shibu Mandal Resident Of Village- Mali Baigari, Ps- Muffasil, Distt- Godda (JHARKHAND) 2.

Ankush Kumar @ Ankush Kumar Rai Son Of Mithilesh Rai Resident Of Village- Mali Baigari, Ps- Muffasil, Distt- Godda (jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 5.250 litres of illicit Indian made foreign liquor from the possession of the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.43316 of 2023(2) dt.28-07-2023 2/2 recovered from the conscious possession of the petitioners. The petitioners are languishing in custody since 11.04.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedents.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, I/C, Bhagalpur in connection with Special Excise Case No. 1927 of 2023, arising out of Shahkund (Sajour) P.S. Case No. 154 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T