Dharamnath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57524 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Dharamnath Mandal S/O Late Sitaram Mandal R/O Village- Jarang Malahtali, P.S.- Gaighat, District- Muzaffarpur, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gaighat P. S. Case No.162 of 2021, instituted for the offences under Sections 272, 273/ 34 of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is in custody since 17.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 138.750 litre of liquor from flower garden of Bhupendra Singh.

The learned counsel for the petitioner submits that petitioner was not apprehended from the place of occurrence

Patna High Court CR. MISC. No.57524 of 2021(2) dt.07-01-2022 2/2 and he was identified by the Chaukidar as the person, who fled away after seeing the police. It is submitted that since petitioner is on an inimical term with the Chaukidar, hence, he came to be falsely implicated in the present case.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 17.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Gaighat P. S. Case No.162 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T