Ram Bahadur Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49768 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Ram Bahadur Mandal Son Of Guddar Mandal Resident Of Village - Sakhua, P.S. - Laukahi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act and Sections 272, 273 and 414 of the IPC.

3. Prosecution case relates to recovery of total 279 liters of Nepali liquor from the dickey of the two motorcycles and this petitioner is said to be apprehended on spot with the illicit liquor and other co-accused persons managed to fled from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.49768 of 2023(2) dt.25-08-2023 2/2 petitioner has no concern with the seized liquor. It is also submitted from para-2 of the supplementary of this petition that due to mistake in para-8 of the main petition, it has wrongly been mentioned that petitioner has no relation from the motorcycle but correct fact is that, the petitioner is bona fide owner of seized Passion X Pro motorcycle. Moreover, the petitioner is languishing in judicial custody since 06.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Andhramath P.S. Case No. 67 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur. (Sunil Kumar Panwar, J) Shubham/- U T