Shivram Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47013 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- Excise P.S. District- Araria ====================================================== 1.

Shivram Kumar Mandal Son Of Shree Sudhir Mandal Resident Of Village - Bhatta Bari, Mandir Tola, Ward No.13, P.S. - Forbesganj, District - Araria 2.

Jogindar Ray @ Yoginder Ray Son Of Late Tanuk Lal Ray Resident Of Village - Sahbajpur, P.S. - Jogbani, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Section 30 (a) of the Bihar Prohibition and Excise Act and Section 411 of the Indian Penal Code, registered in connection with Excise P.S. Case No. 182 of 2024.

3. As per prosecution case, there has been recovery of total 152 liters of foreign liquor from the possession of these petitioners.

Patna High Court CR. MISC. No.47013 of 2024(2) dt.11-07-2024 2/3

4. The learned counsel for the petitioners has submitted that they have been falsely implicated in this case and have committed no offence. Petitioners have no concern with the alleged recovery of liquor. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners are a person of clean antecedent and they are in custody since 25.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Araria in connection with Excise P.S. Case No. 182 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court with a further condition:- (i) Before accepting the bail bonds of the petitioners, Court below shall verify the criminal antecedent of the petitioners and if it is found that they are involved in any other case except the present one, their bail bonds shall

Patna High Court CR. MISC. No.47013 of 2024(2) dt.11-07-2024 3/3 not be accepted by the Court below.

(Nawneet Kumar Pandey, J) Arish/- U T