Binde Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42772 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

BINDE MANDAL S/o Ranjit Mandal R/o village- Akharhar, P.S.- Saharghat, District- Madhubani 2.

Baidyanth Mandal @ Baijnath Mandal S/o Sri Ram Mandal R/o villageAkharhar, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Miss Kusum Rani For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

270 litres of foreign liquor has been recovered from the place of occurrence. One person was apprehended by the police who disclosed that petitioners and other co-accused persons have fled away from the place of occurrence after seeing the police.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.42772 of 2022(2) dt.14-10-2022 2/3 petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is also submitted that there is no recovery from the conscious possession of the petitioners.

Petitioners are agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) each in Bihar State Legal Services Authority bearing Account No.0380000100252472, IFSC Code: PUNB0038000, Punjab National Bank, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Saharghat P.S. Case No.167 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be their own blood relative,

Patna High Court CR. MISC. No.42772 of 2022(2) dt.14-10-2022 3/3 preferably, father, mother, brother, sister and/or their wife. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J.) Sanjay/- U T