Rajaram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58275 of 2024 Arising Out of PS. Case No.-191 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== Rajaram Mandal Son of Late Laxmi Mandal Resident of Near Dhorba Pokhar, J.p. colony, ward no. 14, P.S.- Madhubani town, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 420 and 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2178 litres of foreign liquor is said to have recovered from the place of occurrence. He submits that the petitioner were not apprehended by the police as he was not at all present at the place of occurrence. He further submits that the police did not follow the proper procedure for search and seizure as laid down in Section 100 of the Cr.P.C.. The

Patna High Court CR. MISC. No.58275 of 2024(3) dt.06-09-2024 2/3 petitioner has twelve criminal antecedents and out of twelve antecedents seven antecedents are of similar nature as stated in para-3 of the bail application.

4. A supplementary affidavit has been filed on behalf of the petitioner in paragraph 3 of which it is stated that the petitioner is agreed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Babubarhi P.S. Case No.191 of 2022, subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.58275 of 2024(3) dt.06-09-2024 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) anand/- U T