Suryanarayan Mandal @ Suraj Narayan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49430 of 2024 Arising Out of PS. Case No.-246 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Suryanarayan Mandal @ Suraj Narayan Mandal son of Ram Swarup Mandal Village- Khushiyalpatti Ps- Khutauna Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Thakur, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Dagarua P.S. Case No. 246 of 2020 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 1267.125 litres of foreign liquor was recovered from the Tata-407.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to two criminal antecedent. He further submits that the petitioner was neither present on the spot nor any concern with the seized liquor and Tata-407. He also submits that the petitioner has been named in this case on the confessional
Patna High Court CR. MISC. No.49430 of 2024(3) dt.30-08-2024 2/2 statement of co-accused Basant Gupta due to ulterior motive. The petitioner is in jail custody since 16.03.2024. He further submits that the petitioner undertakes to co-operate in the investigation and the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise-01) Act, Purnia / Concerned Trial Court in connection with Dagarua P.S. Case No. 246 of 2020. (Sunil Dutta Mishra, J) ashishkr/- U T